CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 1997 WL 194125
...particularly the fact that one of the charges was aggravated stalking. It bears mention that the statute has since been amended to preclude the sealing of criminal history records for the offense of stalking or aggravated stalking. See §§
943.059,
907.041, Fla.Stat....
...The same principles would apply in deciding whether to grant a petition to seal or expunge under Rules 3.692 and 3.989. [4] As amended effective July 1, 1995, section
943.059 was amended to state, "A criminal history record that relates to ... a violation enumerated in s.
907.041 may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense...." Id.; ch. 95-427, §§ 4, 8, Laws of Fla. Effective July 1, 1995, section
907.041, Florida Statutes, was amended to add stalking and aggravated stalking to its "dangerous crime" list....
CopyCited 18 times | Published | Supreme Court of Florida
...Garcia ,
229 So.2d 236 , 238 (Fla. 1969) ). We noted that the copy requirement contained in the rule provided an extra and unnecessary burden on the operation of this Court. Id. at 386 . In State v. Raymond ,
906 So.2d 1045 (Fla. 2005), we determined that section
907.041(4)(b), Florida Statutes (2000), providing that a person charged with a dangerous crime was prohibited from receiving a nonmonetary pretrial release, was purely procedural and, therefore, an unconstitutional violation of the separation of powers clause....
CopyCited 15 times | Published | Supreme Court of Florida | 2005 WL 1529691
...Barker, Assistant Attorney General, Miami, FL, for Appellant. Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellee. QUINCE, J. We have on appeal a decision of the Third District Court of Appeal declaring section 907.041(4)(b), Florida Statutes (2000), invalid. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons explained below, we affirm the decision of the Third District and hold that section 907.041(4)(b), Florida Statutes (2000), is purely procedural and therefore an unconstitutional violation of the separation of powers clause of the Florida Constitution....
...The county court found that Raymond qualified for nonmonetary release to pretrial services (PTS) because she had no prior offenses. [1] Despite making a finding that Raymond qualified, the court found that it could not grant nonmonetary pretrial release, citing section 907.041(4)(b), Florida Statutes (2000). The court set bond at $1,500, and then scheduled a second hearing for 8:30 a.m. the following Monday, February 4, 2002. [2] *1048 Section 907.041(4)(b) provides in pertinent part: No person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing. . . . § 907.041(4)(b), Fla. Stat. (2000) (emphasis added). Misdemeanor domestic violence is classified as a dangerous crime. See § 907.041(4)(a)(18)....
...Raymond could not afford to post the $1,500 bond. She remained in jail through the weekend, until the second scheduled appearance the following Monday morning. During that time, Raymond filed a motion seeking nonmonetary pretrial release, alleging that section 907.041(4)(b) was unconstitutional because it created a procedural rule that regulated the timing of her eligibility for release to PTS. The county court denied Raymond's motion but certified to the appellate division of the Eleventh Judicial Circuit court the following question as one of great public importance: DOES SECTION 907.041(4)(b), FLORIDA STATUTES (2000), IMPERMISSIBLY INTRUDE UPON THE SUPREME COURT'S RULE MAKING AUTHORITY IN VIOLATION OF THE SEPARATION OF POWERS CLAUSE OF ARTICLE II, SECTION 3, OF THE FLORIDA CONSTITUTION? Raymond filed a petition for writ of habeas corpus with the Third District Court of Appeal. The Third District remanded this issue to the Eleventh Judicial Circuit's Appellate Division. The Eleventh Circuit held that section 907.041 was a purely procedural rule that interfered with this Court's rulemaking authority. The State appealed, and the Third District per curiam affirmed with a short opinion, incorporating the Eleventh Circuit's opinion holding that section 907.041(b)(4) is unconstitutional as a procedural rule which encroaches on the Florida Supreme Court's exclusive rulemaking power....
...Garcia,
229 So.2d 236 (Fla.1969). It includes those rules and principles which fix and declare the primary rights of individuals with respect to their persons and property. Adams v. Wright,
403 So.2d 391 (Fla.1981). In this case, we must consider whether section
907.041(4)(b), is purely procedural or a matter of substantive law....
...We must also address whether the statute properly modified or amended Florida Rule of Criminal Procedure 3.131. If the provision is purely procedural, then it is an unconstitutional invasion of this Court's rulemaking authority conferred by the Florida Constitution, and it is invalid. Section 907.041 delineates the crimes which are considered "dangerous crimes" for purposes of this act. See § 907.041(4)(a), Fla....
...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. § 907.041(3)(a), Fla. Stat. (2001) (emphasis added). We do not agree that a change in the presumption in section 907.041(3)(a) means that a change to section 907.041(4)(b) is substantive....
...ed substantive and within the prerogative of the Legislature so long as the time for holding the juvenile did not violate the constitution. The statute at issue in Golden is distinguishable from the statute that is presently before us. In this case, section 907.041(4)(b) does not set forth a specific period of time that a defendant must be detained before a judicial hearing....
...be considered is "placement of the defendant in the custody of a designated person or organization agreeing to supervise the defendant." PTS qualifies as the designated person or organization referred to in the rule. In 2000, the Legislature amended section 907.041, and repealed "Rules 3.131 and 3.132, Florida Rules of Criminal Procedure, relating to pretrial release and pretrial detention, to the extent of inconsistency with the act." Ch....
...f Practice & Procedure,
281 So.2d 204 (Fla.1973) (declaring unconstitutional certain laws that attempted to rewrite the rules of appellate procedure). In this case, the Legislature repealed a portion of two procedural rules; [3] however, by enacting section
907.041(4)(b), which is a rule of procedure affecting the timing of a defendant's eligibility for pretrial release to PTS, it also imposed a new procedural rule, essentially rewriting the Rules of Criminal Procedure. This the Legislature may not do. Because we find section
907.041(4)(b) unconstitutional, and because the Legislature repealed those portions of rules 3.131 and 3.132 that require trial judges to consider nonmonetary pretrial release at the first appearance hearing for defendants charged with danger...
...defendants for nonmonetary pretrial release. Therefore, we temporarily readopt rules 3.131 and 3.132 in their entirety and publish the rules for comment concerning whether they should be amended to reflect the Legislature's intent as demonstrated in section 907.041....
...he Florida Legislature *1052 before we take any final action on these rules. For that reason, we expressly invite the Legislature to file comments particularly addressing the policy concerns that the Legislature was attempting to address by enacting section 907.041(4)(b). Conclusion For these reasons, we affirm the Third District's decision which affirmed the Eleventh Judicial Circuit Appellate Division's decision to declare section 907.041(4)(b) an unconstitutional violation of the separation of powers in article II, section 3 of the Florida Constitution....
CopyCited 15 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 311, 2010 Fla. LEXIS 858, 2010 WL 2195729
...State,
961 So.2d 1093 (Fla. 5th DCA 2007), as to whether a trial court may order pretrial detention based solely on a finding that the defendant's failure to appear was willful without determining whether conditions of release are appropriate as delineated in section
907.041, Florida Statutes (2008)....
...the judicial process." Art. I, § 14, Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...Based on the above, it is clear that there is a presumption in favor of release. In keeping with the presumption in favor of release, Florida's Legislature provided comprehensive guidelines for when an original application for bail may be denied as codified in section 907.041, Florida Statutes (2008). Before a trial court may order pretrial detention, one of the statutory bases must be satisfied. Section 907.041(4)(c)(7) lists criteria that must be used in making a pretrial detention determination, which, in relevant portion, provides: (c) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s....
...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. § 907.041(4)(c)(7), Fla. Stat. (2008). Additionally, section 907.041 also prescribes a set of procedures relating to pretrial detention....
...y on 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." Fla. R.Crim. P. 3.132(c)(2). However, there is no suggestion in either section 907.041 or in the procedural rule *1193 that a trial court's finding of the defendant's willful failure to appear alone is sufficient to order pretrial detention....
...t authority to deny a subsequent application for bail after a defendant breaches a bond condition, or whether the trial court's discretion to deny a subsequent application for bail is circumscribed by the parameters established by the Legislature in section
907.041. We adopted the Fourth District's reasoning as explained in Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA 1999), stating: [T]he court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section
907.041....
...the judicial process." Art. I, § 14 Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...That's where the notices were sent. Now we need another date." The bond hearing transcript is devoid of any language, either express or implied, indicating that the trial court's decision to order pretrial detention in this case was based on the statutory criteria as codified in section 907.041 and as required by our decision in Paul....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 20 Fla. L. Weekly Fed. D 898
...The petitioner is entitled to have the court reconsider bail and conditions of release even if recommitment is ordered as a result of the breach of the bond condition. See Fla.R.Crim.P. 3.131(h). It is the state's burden to prove the need of pretrial detention. Section 907.041(4)(f), Fla....
...GLICKSTEIN, J., concurs specially with opinion. GLICKSTEIN, Judge, concurring specially. I would grant the habeas petition but only for the limited purpose of remand to the trial court for entry of a written order of commitment and pretrial detention pursuant to section 907.041, Florida Statutes (1993), and subsections (g) and (h) of Florida Rule of Criminal Procedure 3.131....
...There is no record basis to conclude that the trial court did not proceed essentially in accordance with the statute and rule. Furthermore, the above statute should be, in my view, our substantive concern and should have been the state's and the trial court's as well. Section 907.041(1) establishes the legislative policy of this state which the judiciary is to follow, absent some constitutional obstruction....
...of such an order. NOTES [1] The state refers to Florida Rule of Criminal Procedure 3.131(f)(1) when in fact it is reciting language from 3.131(g)(1). There is no sub-division (1) of Rule. 3.131(f). [2] See also Art. I, § 14 Fla. Const.; Fla. Stat. § 907.041(3): "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." In addressing pretrial detention, the legislature also permitted the court to o...
...a defendant "with the intent to obstruct the judicial process, has threatened, intimidated, or injured any victim, potential witness, ... and that no condition of release will reasonably prevent the obstruction of the judicial process. " Fla. Stat. § 907.041(4)(b)2....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1999 WL 817181
...ry person charged with a crime... shall be entitled to pretrial release on reasonable conditions." Petitioners are not entitled to release under this provision because they are not charged with a "crime." Nor is our general pretrial release statute, section 907.041, applicable, for the same reason....
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...ement is authorized to
immediately effectuate the arrest, under section
901.15, Florida Statutes (2017),
and should clearly do so when there is probable cause to believe that a person has
committed a serious crime of violence against another. Cf. §
907.041(4)(c)5., Fla.
Stat....
CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 298960
...3d DCA 1998), as to whether the trial courts have the inherent authority to deny a subsequent application for bail after a defendant breaches a bond condition, or whether the trial courts' discretion to deny a subsequent application for bail is circumscribed by the parameters established by the Legislature in section 907.041, Florida Statutes (1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons explained in this opinion, including our conclusion that section 907.041 expressly addresses the circumstance of a defendant who breaches a *1043 bond condition or commits a new crime, we hold that a trial court's discretion to deny a subsequent application for bail is circumscribed by statute....
...pretrial release conditions by engaging in criminal activity. [3] See id. at 1168. The trial court then evaluated Paul's application to be re-admitted to bail and the State's contrary position that there was a need for pretrial detention pursuant to section 907.041(4)(b), Florida Statutes (1997). In determining that Paul qualified for pretrial detention, the trial court relied on section 907.041(4)(b)4.b....
...Paul thereafter filed an emergency petition for writ of habeas corpus in the Fourth District Court of Appeal, "alleging that the court erred in refusing to set a new bond." Id. at 1167. The Fourth District granted the writ, explaining initially that both parties concede that only the condition [for pretrial detention] in section 907.041(4)(b)4.b....
...ime presently charged." Id. at 1168 (footnote omitted). The Fourth District then concluded, as did the First District in Moody v. Campbell,
713 So.2d 1032, 1033 (Fla. 1st DCA 1998), that the Legislature's failure to include juvenile adjudications in section
907.041(4)(b)4.b....
...Accordingly, the Fourth District held that although a trial court has the power to order the arrest and commitment of a defendant for a violation of a bond condition, the trial court's decision whether to deny a subsequent bond application must be based on the criteria for pretrial *1045 detention set forth in section 907.041(4)(b)....
...3d DCA 1998), in which the Third District held that once a defendant violates a bond condition, the question as to whether to grant pretrial release is addressed to the discretion of the trial court without regard to the pretrial detention criteria in section 907.041....
...release can reasonably protect the community, assure the presence of the accused or assure the integrity of the judicial process. See art. 1, § 14. [5] *1046 In order to implement the 1983 amendment to article I, section 14, the Legislature enacted section 907.041, which provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime....
...iately preceding the date of his or her arrest for the crime presently charged. c. The defendant is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest. § 907.041(4)(b)....
...[7] Not only has the Legislature provided comprehensive guidelines for when an original application for bail may be denied, but in so doing, it has also addressed the question of when a defendant violates the conditions of bond, which is the precise issue now before us. Section 907.041(4)(b)1....
...specifically applies to a defendant who has "previously violated conditions of release." It provides that the trial court may grant pretrial detention if "no further conditions of release are reasonably likely to assure the defendant's appearance at subsequent proceedings." § 907.041(4)(b)1....
...Nonetheless, the Third District asserted that the "clearest use of this subdivision would be where bond is opposed on the current offense because the defendant became a fugitive while released on bond for a previous offense." Id. The plain language of section 907.041(4)(b)1, however, does not so limit the trial court, and thus, that provision is clearly applicable to allow a trial court to consider ordering pretrial detention where the defendant has subsequently violated conditions of release. [8] *1048 Further, section 907.041(4)(b)4.c is an additional provision in which the Legislature addressed the circumstance in which a defendant violates a bond condition and specifically where the violation of the bond condition is a new crime....
...Thus, the Legislature also has provided for pretrial detention where the defendant is "presently charged with a dangerous crime" and the defendant "is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest." § 907.041(4)(b)4.c, Fla. Stat. Although the State now argues that Paul would qualify for detention pursuant to section 907.041(4)(b)4.c, it did not argue the applicability of that provision to the trial court, and therefore, that issue is not now before us....
...d offenses for carrying concealed weapons and possession of marijuana and drug paraphernalia. And that section certainly would apply to a defendant who committed a new dangerous crime while out on pretrial release for a dangerous crime. Moreover, in section 907.041(4)(b)4, the Legislature generally addressed the circumstance of when pretrial detention should be ordered if the person poses a threat of harm to the community....
...g in this Court. In addition to establishing comprehensive criteria to determine if pretrial release is warranted, the Legislature also has enacted a comprehensive set of procedures for pretrial detention, which provide a panoply of protections. See § 907.041(4). For example, section 907.041(4)(c)-(d) provides that when a person is arrested and charged with a crime for which pretrial detention could be ordered, the arresting officer must promptly notify the state attorney, who may then file a motion for pretrial detention. Pending action by the state attorney, the defendant may only be held without bail for up to twenty-four hours. See § 907.041(4)(d). If the State files a pretrial detention motion, the court may order such detention only after a hearing, which must be held within five days of the filing of the State's motion. See § 907.041(4)(e)....
...The State is entitled to one continuance for good cause, and no continuance may exceed five days unless extenuating circumstances are presented. See id. The defendant is entitled to be represented by counsel, to present witnesses and evidence, and to cross-examine witnesses. See § 907.041(4)(g). In addition, the state attorney has the burden of showing the need for pretrial detention. See § 907.041(4)(f)....
..."The rule strongly suggests that it applies not just to release determinations upon initial arrest, but also to bond decisions following rearrests and renewed bail applications." Id. In Houser, the Third District concluded that the amendment to article I, section 14, along with the enactment of section 907.041, expanded the court's authority to deny bond in certain situations....
...Thus, the Third District in Houser reasoned that the trial court's inherent authority to revoke bond and deny subsequent bond applications existed both before and after the constitutional amendment effective January 1, 1983. Id. The Third District found that in cases of violations of bond conditions, the provisions of section 907.041 are merely "complementary to, and [do not] replace, a trial court's already-existing power to ......
...abuse of discretion.
719 So.2d at 309. Before Houser, however, no other opinion of any other appellate court, aside from the dicta in Gardner, concluded that trial courts are vested with inherent authority, without regard to article I, section 14 or section
907.041, to deny bail once there has been a breach of the bond conditions....
...
728 So.2d at 1171 (emphasis supplied); see Schwartz v. Neumann,
731 So.2d 746, 747 (Fla. 4th DCA 1999) (pretrial detention is inappropriate after defendant breaches conditions of release, unless the State proves at least one of the four circumstances listed in section
907.041(4)(b)); Rix v....
...bsequent application for a new bond is limited by the terms of the statute. Further, there is nothing that prevents the State from seeking pretrial detention for the newly charged offense if the State can establish the necessary criteria pursuant to section 907.041(4)(b). As the Fourth District explained: [T]he court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...Bowen,
471 So.2d 1274, 1277-79 (Fla.1985)). CONCLUSION The Legislature by statute has constructed a comprehensive and specific framework setting forth the multiple circumstances under which trial courts may act to deny bail and order pretrial detention. This scheme as set forth in section
907.041, Florida Statutes (1997), fully comports with the Florida Constitution and has long been the standard by which trial courts have been guided in determining whether to deny bail....
...lieve that the defendant committed a new crime while on pretrial release." Former subsection (j) was designated as subsection (k). See ch. 00-278, § 1, Laws of Fla. [7] Significantly for future cases, in the 2000 amendments the Legislature added subsection 907.041(4)(c)7, which provides for pretrial detention if 7....
...rom risk of physical harm to persons or assure the presence of the accused at trial. Ch. 2000-229, § 2, Laws of Fla. The Legislature also created section
903.0471, which provides:
903.0471 Violation of condition of pretrial release. Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release. Ch. 2000-178, § 3, at 1469, Laws of Fla. [8] However, in this case the trial court did not make findings as to whether "further conditions of release are reasonably likely to assure his appearance at subsequent proceedings" so as to invoke section
907.041(b)(1)....
...e denying release on bond based on willful failure to appear without express findings of whether any conditions of pretrial release are reasonably likely to assure appearance fails to comply with the statute governing pretrial detention set forth in section 907.041)....
...[13] Since the time that the Fourth District decided Paul, it appears that there has been disagreement within the Fourth District as to whether a denial of bond after a trial court has revoked bond must be based on a showing of need for pretrial detention, pursuant to the criteria set forth in 907.041. Judge Gross had taken the position that Paul misconstrued section 907.041 by applying it to a subsequent application for bail after bond revocation, thus improperly limiting the inherent power of the court....
...f the 2000 legislative amendments. See id. at 530-31. Most recently, in Parker v. State,
780 So.2d 210 (Fla. 4th DCA 2001), the Fourth District upheld the constitutionality of section
903.0471 and concluded that the Legislature had not intended that section
907.041 be followed after a defendant committed a new crime while on pretrial release....
...Additionally, by enacting section
903.0471 and section
907.045(4)(b)7, the Legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond. Accordingly, the Legislature's enactment of the 2000 amendments supports our holding in this case that section
907.041 applies to revocation of an existing bond....
CopyCited 12 times | Published | Supreme Court of Florida | 2003 WL 1563567
...ence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Art. I, § 14, Fla. Const. (emphasis added). To implement the 1983 amendment, the *875 Legislature enacted statutory sections
903.046 [4] and
907.041, [5] which set forth criteria for bail determinations and pretrial release....
...efendant then reapplied for pretrial release. The Third District Court of Appeal held that the matter fell squarely within the discretion of the court, whereas the Fourth District Court of Appeal held that the issue was governed by the provisions of section 907.041....
...[6] This Court, in order to consider the issue, granted review in Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA 1999). While Paul was pending, the Legislature addressed the issue by enacting several statutory provisions. First, the Legislature amended section
907.041(4) to read as follows: (c) The court may order pretrial detention if it finds a substantial probability ......
...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. § 907.041(4), Fla....
...(j) Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release. §
903.046, Fla. Stat. (2000) (emphasis added). And finally, the Legislature enacted section
903.0471, which provides as follows:
903.0471 Violation of condition of pretrial release.Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...ly implement the trial court's discretion to impose pretrial detention within the limits of Article I, Section 14 of the Florida Constitution, which affords the trial judge wide latitude in the decision to deny bond.... The legislative intent behind section
907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it. Barns [v. State], 768 So.2d [529] at 532-33 [(Fla. 4th DCA 2000) ]. Barns, as we said earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under
907.041, not section
903.0471....
...t. After section
903.047 was enacted, the Legislature later gave "teeth" to that section's proscription by enacting section
903.0471. As noted earlier, section
903.0471 provides:
903.0471 Violation of condition of pretrial release. Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...1 violates substantive due process because it authorizes a court to deny a second pretrial release upon finding probable cause that a defendant committed a new crime, which is less than the burden on the state when pretrial detention is sought under section 907.041....
...ocation of pretrial release. Again, we disagree. The district court below addressed this claim thusly: Nor do we agree with Parker that his procedural due process rights were violated because he did not receive the procedural safeguards contained in section 907.041, which is applicable to initial pretrial release hearings....
...also be employed in making the Fourth Amendment determination of probable cause. Gerstein,
420 U.S. at 120-22,
95 S.Ct. 854 (footnotes and citations omitted). In light of the fact that a Florida defendant is accorded a full adversarial hearing under section
907.041 upon his or her initial application for pretrial release, the requirements of article I, section 14, Florida Constitution, are satisfied by the dictates of section
903.0471 upon subsequent violation....
...the traditional "in the conscience of the court" standard to establish a violation of probation, [16] *883 and that it is an appropriately less forgiving standard than "substantial probability," used for an initial order of pretrial detention under section 907.041(4)(c), Florida Statutes....
...This is a fundamental distinction from the pre-trial stage.... Id. at 498 (quoting In re Whitney,
421 F.2d 337, 338 (1st Cir.1970)). Next, in stating that it is logical to apply a less forgiving standard than the "substantial probability" standard contained in section
907.041(4)(c), the majority does not identify several important distinctions between that statute and section
903.0471. First, section
907.041(4)(c) links the "substantial probability" standard to the "defendant's past and present patterns of behavior," and requires evaluation of the criteria for bail determination in section
903.046, which include the likelihood of appearance in future proceedings and unreasonable danger to the community. Second, all but one of the subsections in section
907.041(4)(c) require findings consistent with article I, section 14 concerning the prospects for appearance at trial, threat of harm to the community or obstruction of the judicial process. [17] *884 In comparison to the "comprehensive and specific framework" of section
907.041, see Paul,
783 So.2d at 1052, the probable cause standard of section
903.0471 is tied only to the commission of an offense while on pretrial release....
...854,
43 L.Ed.2d 54 (1975) (discussing "Fourth Amendment determination of probable cause" in the context of a determination of grounds to detain). Accordingly, I cannot conclude that the "probable cause" standard, rather than the substantial probability standard used in section
907.041(4)(c), comports with the requirements of substantive due process for denial of the constitutional right to pretrial release on reasonable conditions....
...itted 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. § 907.041(4), Fla....
...nt may be held in pretrial detention. Accordingly, although the breach of a bond condition provides the basis for revocation of the original bond, the trial court's discretion to deny a subsequent application for new bond is limited by the terms of [section 907.041]....
...Paul,
783 So.2d at 1051 (footnote omitted). [8] See, e.g., §
901.15(6), Fla. Stat. (2000) ("A law enforcement officer may arrest a person without a warrant when ... [t]here is probable cause to believe that the person has committed a criminal act...."). [9] See §
907.041(4)(c), Fla....
...Singletary,
758 So.2d 618, 621 (Fla.2000) ("[T]he Due Process Clause ... protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged."). [13] See, e.g., Bernhardt v. State,
288 So.2d at 495. [14] See §
907.041(4)(c), Fla....
...These standards are more reliable gauges both for the trial court's determination and appellate review than the less precise "conscience of the court" language of Bernhardt v. State,
288 So.2d 490, 495 (Fla.1974). [17] The exception is contained in section
907.041(4)(c)6., Florida Statutes, which authorizes pretrial detention if: "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 w...
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1997 WL 287564
...itioner's agreement in lieu of additional bond. We agree and grant the writ. The State argued that Petitioner qualified for pretrial detention because he posed a threat to the community, but conceded to the trial court that none of the conditions of section 907.041(4)(b)4.a-c, Florida Statutes (Supp.1996), applied....
...d he could be held without bond, without any further consideration of whether he was entitled to pretrial release. The trial court's order did not include the pretrial detention findings required by Florida Rule of Criminal Procedure 3.132(c)(2) and section 907.041(4)(h)....
...The trial court has the authority under Florida Rule of Criminal Procedure 3.131(g)(1) to arrest and commit a defendant at large on bail for a breach of the undertaking; however, refusing to impose any conditions of release thereafter constitutes pretrial *843 detention, the need for which the State must prove, § 907.041(4)(f), beyond a reasonable doubt, Fla....
...Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995). While a finding of danger to the community can be used as a factor in determining bail or other conditions, Fla. R.Crim. P. 3.131(b)(3), it cannot be the entire basis for pretrial detention, see §
907.041(4)(b)4.a-c....
...l court should consider whether there are any conditions of release that can assure the safety of the community. If the trial court again determines that pretrial detention is necessary, it shall include the findings required by rule 3.132(c)(2) and section 907.041(4)(h) in its order....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 1502626
...The issue here is whether a motion for pretrial detention filed by the state is a necessary prerequisite to detaining a criminal defendant prior to trial when the defendant is charged with an offense that may subject him or her to pretrial detention pursuant to section 907.041, Florida Statutes (2005), and the defendant is found to be a danger to the community, a flight *1156 risk, or one who will undermine the integrity of the judicial process....
...I believe that if this is indeed what the court intended, far too much discretion is taken away from the trial court to hold an accused without bond, and too much discretion is placed in the hands of the prosecutor to make that determination. Moreover, I believe that such a requirement contravenes the expressed purpose of section 907.041, which provides, in pertinent part, that "[i]t 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." § 907.041(1), Fla. Stat. (2005). Ho was charged with an offense for which pretrial detention may be ordered. See § 907.041(4)(c)(3), Fla....
...where the proof of guilt is evident and the presumption great; or (2) where no condition of release can reasonably protect the community, assure the presence of the accused or assure the integrity of the judicial process. Id. The Legislature enacted section 907.041 to implement the 1983 amendment, and the Florida Supreme Court amended rules 3.131 and 3.132 to complement this legislative scheme....
...ly protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or *1158 assure the integrity of the judicial process, the accused may be detained. Fla. Const. Art. I, § 14. The legislative intent behind section 907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it....
...same time. Rule 3.131(a) specifically addresses pretrial release and repeats the constitutional requirements requiring bail and its denial. Ordinarily, of course, the accused seeks the benefit of this rule. Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial detention....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2535257
...reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Section 907.041(4), Florida Statutes (2006), sets forth circumstances in which a court can require pretrial detention, and section 907.041(4)(c)(6) permits pretrial detention if a defendant was on probation at the time the charged offense was committed....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2000 WL 1396323
...imposed. In his petition, Barns relied primarily on Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA), rev. granted,
741 So.2d 1137 (Fla. 1999), to argue that the trial court's decision to revoke bond failed to comply with the pretrial detention statute, section
907.041, Florida Statutes (1999)....
...tention, the need for which the State must prove... beyond a reasonable doubt.'" Id. at 1168 (quoting Metzger,
694 So.2d at 843). The parties conceded that if the pretrial detention statute applied, the only section authorizing detention would be subsection
907.041(4)(b)4.b....
...mpted second degree murder. See id. We rejected the state's invitation to reexamine our position that "the trial court has no discretion to refuse readmission to bond upon breach of a bond condition, absent proof of the pretrial detention factors in section 907.041." Id....
...ail at all must be subject to the limitations of the pretrial detention statute. * * * We continue to hold, as we did in Merdian and Metzger, that the court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...We have no difficulty divining the legislative intent to curtail the court's power to deny bail, except in certain instances, in light of the constitutionally guaranteed right to bail. Paul,
728 So.2d at 1171 (emphasis omitted). *532 The effect of the ruling in Paul was that unless there was compliance with section
907.041(4)(b), the trial court was precluded from revoking a defendant's bond and holding him without bond until trial, even though the trial court had determined that the defendant posed a threat to the community because of the crimes he had committed while on pretrial release....
...In Merdian, the condition was a no contact provision with the victim; in Metzger, the defendant violated a condition concerning the use of illegal drugs by testing positive for cannabis in his urine. It was these cases that Paul relied upon in requiring compliance with section 907.041 before imposing pretrial detention....
...conditions, and what that bail or those conditions may be, the court shall consider: * * * (j)Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release. Ch.2000-178, § 1, at 1466-67, Laws of Fla. 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 release on nonmonetary conditions. See Ch.2000-178, § 2, at 1467, Laws of Fla. Section
907.041(4)(b) was created to limit the opportunity of a person charged with a dangerous crime to be "granted nonmonetary pretrial release at a first appearance hearing." Ch.2000-178, § 2, at 1468, Laws of Fla. Except for relettering to subsection (c), the legislature did not change subsection
907.041(4)(b), Florida Statutes (1999). Significantly, the legislature created section
903.0471, which provides:
903.0471 Violation of condition of pretrial release.Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...Section
903.0471 obviously allows this result when a defendant has committed new crimes while on pretrial release. Where a trial court imposes pretrial detention because it finds probable cause to believe that a defendant committed a new crime while on pretrial release, there is no longer any requirement to comply with section
907.041(4)(b). Chapter 2000-229, Laws of Florida The Governor approved Chapter 2000-229 on June 6, 2000. The statute makes substantial changes to section
907.041. Most significant for this case is the language that addresses the situation that arose in Merdian and Metzger, where a defendant violates a condition of his bond *533 not involving the commission of new crimes. The statutes creates subsection
907.041(4)(b)7, which provides: (b) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s....
...t the community from risk of physical harm to persons or assure the presence of the accused at trial. Ch.2000-229, § 2, at 1708-09, Laws of Fla. (new statutory language underlined). [3] This amendment negates the holdings of Merdian and Metzger. Subsection 907.041(4)(b)7 allows the trial court the discretion to impose pretrial detention when faced with a defendant who violates a condition of pretrial release....
...The court has the right and the duty, in arriving at the correct meaning of a prior statute, to consider subsequent legislation. Gay v. Canada Dry Bottling Co. of Florida,
59 So.2d 788, 790 (Fla.1952) (quoting General Petroleum Corp. of Cal. v. Smith, 62 Ariz. 239, 157 P.2d 356, 360 (1945)). In creating sections
903.0471 and
907.041(4)(b)7, the legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond....
...asonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. FLA. CONST. ART. I, § 14. The legislative intent behind section 907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it....
...3d DCA 1998), suggesting that a primary motivation behind the statute was to legislatively overrule the result in Paul. See House of Representatives as Revised by the Committee on Criminal Justice Appropriations Analysis, CS/HB 607, p. 5. [3] Chapter 2000-229 also creates section 907.041(4)(b)4 which delineates those circumstances when a court may order pretrial detention for a person charged with DUI manslaughter, the crime at issue in this case....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1993 WL 247146
...l, assure the integrity of the judicial process, or unless the accused is charged with a capital or life offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great. Art. I, § 14, Fla. Const.; § 907.041, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 WL 104585
...on to be admitted to bail pursuant to Florida Rules of Criminal Procedure 3.131(h) and (b). Then, following procedures established by decisional law in this district, [1] the court evaluated the state's proof of the need for pretrial detention under section 907.041(4)(b), Florida Statutes....
...(h) and (b). [2] We went a step further in Metzger v. Cochran,
694 So.2d 842, 843 (Fla. 4th DCA 1997), to clarify that a refusal "to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove, §
907.041(4)(f), beyond a reasonable doubt." Under section
907.041(4)(b) of the statute, the court may order pretrial detention if it finds that any of four enumerated conditions is met. In this case, both parties concede that only the condition in section
907.041(4)(b)4.b....
...of a dwelling constitutes a prior conviction for a dangerous crime. Relying on Moody v. Campbell,
713 So.2d 1032 (Fla. 1st DCA 1998), he points out that a juvenile disposition is not included in the definition of a prior "conviction" for purposes of section
907.041(4)(b)4.b....
...By contrast, the legislature has, in other contexts, spoken to the effect of prior juvenile convictions. See, e.g., §§ 921.0011(5), Fla. Stat. (1997)(sentencing guidelines);
90.610(1)(b)(evidence). The absence of any clarification by the legislature regarding the applicability of juvenile adjudications to section
907.041(4)(b)4.b....
...points to their exclusion from its scope, especially in light of the rules of statutory construction in criminal proceedings. Id. at 1033 (citations omitted). We find the reasoning in Moody persuasive and agree that the legislature's failure to specifically include juvenile adjudications in section 907.041(4)(b)4.b. precludes the state from using a delinquency adjudication to satisfy its burden of proving a prior conviction for a dangerous crime under 907.041(4)(b)4.b....
...o reconsider Merdian v. Cochran and its progeny and reexamine the rule established in those cases that the trial court has no discretion to refuse readmission to bond upon breach of a bond condition, absent proof of the pretrial detention factors in section 907.041....
...The state urges us to adopt the Third District Court of Appeal's position recently enunciated in Houser v. Manning,
719 So.2d 307 (Fla. 3d DCA 1998). In Houser, the third district held that once a defendant violates a bond condition, the bond may be revoked without regard to the pretrial detention criteria in section
907.041, and that any new bond is addressed to the sound discretion of the trial court....
...It rejected the defendant's argument that he was entitled, as a matter of right, to have a new bond set on the original armed robbery charge. In his petition for a writ of habeas corpus, the defendant cited our Merdian decision for the proposition that unless he met the criteria for pretrial detention under section 907.041, Florida Statutes, the court was required to readmit him to bond....
...ain a person "[I]f no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." Art. I, § 14, Fla. Const. (1983). Section 907.041, Florida Statutes, implemented the constitutional amendment and established specific criteria for determining whether a defendant may be detained without bond....
...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. Section
907.041(1), Fla. Stat. (1997). The Houser court reasoned that section
907.041 and the amendment to Article I, section 14 were enacted to expand the court's authority to deny bond in certain situations and were not intended to "cut back on the court's power to enforce bond conditions and revoke bond where bond conditions have been breached." Houser,
719 So.2d at 310-311....
...persons charged with crimes in Florida have a general right to pretrial release on reasonable conditions. Houser also cites our decision in State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990), for the proposition that "it has been explicitly held that section
907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail." Id....
...In Ajim, we were referring to the trial court's discretion to deny bail, as recognized in State v. Arthur,
390 So.2d 717 (Fla.1980), for crimes punishable by death or life in prison where the proof is evident and the presumption is great. Our intention was to clarify that section
907.041 did not remove a trial judge's discretion to grant or deny bail to a defendant charged with a nonbondable offense. See also State v. Fox,
647 So.2d 1051 (Fla. 5th DCA 1994) (trial judge erroneously believed he lacked discretion to deny bail in an Arthur application absent the specialized showing in
907.041(4)(b)). We took no position in Ajim, however, on the trial court's discretion to deny bond outside of the criteria set forth in Arthur and section
907.041....
...arrest, but also to bond decisions following rearrests and renewed bail applications. We continue to hold, as we did in Merdian and Metzger, that the court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...iately preceding the date of his or her arrest for the crime presently charged. c. The defendant is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest. § 907.041(4)(b), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1992 WL 184024
...s of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained." Art. I, § 14, Fla. Const.; see also § 907.041, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1998 WL 406048
...Cochran,
654 So.2d 573 (Fla. 4th DCA 1995). Defendant reads Merdian to hold that even after breach of a bond condition, a defendant must be readmitted to bond unless he meets the criteria for detention without bond under the pretrial detention statute, section
907.041, Florida Statutes....
...The court expressed doubt that the defendant had, in reality, violated a condition of the bond. See id. at 575. The case appears to have been litigated on the unexamined assumption that the only basis for refusing readmission to bond would be if the defendant qualified for pretrial detention under section 907.041, Florida Statutes....
...a defendant [who has committed a new criminal offense while released on bond] should then be conditionally released again in revolving door fashion." ABA Standards for Criminal Justice 10-5.8 cmt., at 10-94. III. By arguing that bond may not be denied unless the State establishes the need for pretrial detention under section 907.041, defendant in essence is arguing that the purpose of section 907.041 was to curtail the power of the court to revoke bond where a defendant breaches a bond condition....
...-released defendant violated a bond condition. Thus it was already recognized, prior to the 1982 constitutional amendment, that bond could be revoked, and future bond denied, for breach of a bond condition. In 1982, the Constitution was amended, and section
907.041 enacted, in order to allow the courts to deny bond in some cases which formerly had been entitled to bond. See Gomez,
473 So.2d at 810. [3] Section
907.041 implemented the constitutional amendment, see Gomez,
473 So.2d at 810, and announced "the policy of the 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." §
907.041(1), Fla....
...(emphasis added). There is not the slightest indication that the 1982 enactments were intended to cut back on the court's power to enforce bond *311 conditions, and revoke bond where bond conditions have been breached. Indeed, it has been explicitly held that section
907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail. See State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990); see also State v. Fox,
647 So.2d 1051, 1051-52 (Fla. 5th DCA 1994); Driggers v. Carson,
486 So.2d 25, 25-26 (Fla. 1st DCA 1986). It is true that one portion of section
907.041 authorizes the refusal of bond where it is shown "that ... [t]he 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 ...." §
907.041(4)(b)1, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2006 WL 1154876
...At a first appearance, a "judicial officer shall proceed to determine conditions of release pursuant to rule 3.131." Fla. R.Crim. P. 3.130(d). Rule 3.131 is directed at the pretrial release decision. To implement the 1983 amendment to article I, section 14 of the Florida Constitution, the "Legislature enacted section 907.041, [Florida Statutes (2005)], which provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime." State v....
...rule 3.131(b)(1). Even if the state had filed a motion for detention, a second problem with the lower court's pretrial detention ruling is that it did not "contain findings of fact and conclusions of law to support it." Fla. R.Crim. P. 3.132(c)(2); §
907.041(4)(c), (i); Paul,
783 So.2d at 1049 n....
...e with the procedural and statutory requirement of specific findings of fact that support a pretrial detention ruling. Having been charged with burglary of a dwelling, Resendes was a candidate for pretrial detention had the state filed a motion. See § 907.041(4)(a)16, Fla. Stat. (2005). Pretrial detention may have been appropriate on any number of grounds. See § 907.041(4)(c)1, 5, 6, 7....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861615
...The State concedes, and we agree that the petition should be granted because the trial court did not make a finding that Johnson's failure to appear was willful and that no reasonable bond conditions could secure Johnson's presence at trial. Winters v. Jenne,
765 So.2d 54 (Fla. 4th DCA 1999). 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 be made even if the defendant's failure to appear is willful)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...uestion presented. During the pendency of the proceedings, it is conceded that the status of all petitioners has changed from the time in which each was entitled to seek pretrial release pursuant to *1165 Florida Rule of Criminal Procedure 3.131 and section 907.041, Florida Statutes (1993)....
...the uniform operation of the circuit under rule 2.050(b). [1] While the order explicitly recognized and continued the magistrates' existing prerogative to determine the terms and conditions of pretrial release in accordance with sections
903.046 and
907.041(3) and rule 3.131(b), by the very terms of the order the trial judge's discretionary authority was limited by the criteria delineated and the list of offenses for which exclusion from the program was ordered as mandatory....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 134209
...pa, for Respondent. PER CURIAM. Dayne Miller petitions this court, a second time, for a writ of habeas corpus. Miller is being held without bond on the charge of burglary of an occupied dwelling, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2007)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1987 WL 3333
...If an individual is presumed innocent until proven guilty, however, how can it validly be assumed that individuals "under indictment" necessarily present a greater risk to society than other citizens? There are, of course, provisions for deprivation of *105 liberty while pending trial in certain cases. See § 907.041, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610447
...indings that Lee's failures to appear were willful and that no reasonable bond conditions could secure Lee's presence at trial. Resendes v. Bradshaw,
935 So.2d 19, 20 (Fla. 4th DCA 2006); Johnson v. Jenne,
913 So.2d 740 (Fla. 4th DCA 2005); see also §
907.041(4)(c)1, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 107755
...He rejected the request for a $50,000 bail made by the state but set it at $25,003 and set pretrial for June 27. Sikes petitioned this court for relief by petition for writ of habeas corpus. He argued that the state did not file a motion for preventive detention pursuant to section 907.041, Florida Statutes, nor did the trial judge make any factual findings necessary for such detention....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 75916
...otect the community from the risk of harm. The judge refused to set a higher bond and enforced a "no-bond hold." The order denying petitioner's motion to reinstate bond did not include the pretrial detention findings required by rule 3.132(c)(2) and section 907.041(4) or any conclusions of law. § 907.041(4), Fla. Stat. (1997); Fla.R.Crim.P. 3.132(c)(2). The state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 criteria....
...The trial court's order therefore is not properly based on the requirements for pretrial detention without bond. Dupree v. Cochran,
698 So.2d 945 (Fla. 4th DCA 1997); Metzger v. Cochran,
694 So.2d 842, 842 (Fla. 4th DCA 1997); Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995); §
907.041(4), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22989018
...Galen Golden petitions this court for a writ of habeas corpus. Golden is being held without bond on charges of aggravated assault with a deadly weapon and violation of injunction against repeat violence, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5354, 2011 WL 1434695
...The defendant, Barry Ginsberg, petitions this Court for a writ of habeas corpus, asserting that his pretrial incarceration without bond is unlawful. We grant the petition for writ of habeas corpus and remand to the trial court to hold a hearing pursuant to section 907.041, Florida Statutes (2010) and Florida Rules of Criminal Procedure 3.131 and 3.132....
...harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Article I, § 14, Fla. Const. The State argues the defendant meets the criteria for pretrial detention under section 907.041(4), which provides in pertinent part: (c) The court may order pretrial detention if it finds a substantial probability, based on a defendant’s past and present patterns of behavior, the criteria in s....
...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. *477 However, a court is required to consider the requirements of section 907.041 and Florida Rules of Criminal Procedure 3.181 and 3.132 before denying a request for pretrial release. Specifically, the State must file a motion seeking pretrial detention within twenty-four hours of the defendant’s arrest. § 907.041(4)(e), (g); Fla....
...A defendant who violates a condition of his pretrial release 1 forfeits his right to continued release under the original bond, but does not forfeit altogether his constitutional right to pretrial release. A trial court’s authority to hold the defendant without any bond is circumscribed by the provisions of section 907.041, see State v....
...[and] shall be held within 5 days of the filing of the motion or the date of taking the person in custody ... whichever is later.” Fla. R.Crim. P. 3.132(c)(1). The defendant “is entitled to be represented by counsel, to present witnesses and evidence and to cross-examine witnesses.” § 907.041(4)(h). Finally, the pretrial detention order “shall contain findings of fact and conclusions of law to support it.” § 907.041(4)(i); Fla....
...ty to be heard” before being denied bond. “Although the breach of a bond condition provides the basis for revocation of the original bond, the trial court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section
907.041].” Roby,
795 So.2d at 190 (quoting Paul,
783 So.2d at 1042 )....
CopyCited 4 times | Published | District Court, S.D. Florida | 2001 WL 603530
...The presumption is in favor of pre-trial release, unless the defendant has previously *1342 violated conditions of release, has threatened any victim, witness, juror, or judicial official, is charged with trafficking controlled substances, or is charged with a "dangerous crime." FLA. STAT. § 907.041(4)(b)....
...Card was not evaluated within 72 hours. In fact, even assuming the County's version of events is correct, almost three weeks passed before the evaluation took place. *1343 As best I can tell from the record before me, Mr. Card was not provided or offered the procedures set forth in § 907.041, Rules 3.131 or 3.210, or Florida's Baker Act....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 119990
...While a defendant who has been released on bail may be arrested and committed for violating a condition of pretrial release pursuant to Florida Rule of Criminal Procedure 3.131(g)(1), the trial court may not thereafter refuse to impose any conditions of release unless the state proves, see § 907.041(4)(f), Fla....
...ail or other conditions of pretrial release, it cannot be the entire basis for pretrial detention.
694 So.2d at 843. The primary consideration in ordering pretrial detention is "the protection of the community from risk of physical harm to persons." §
907.041(1), Fla....
...al harm to the victim or to anyone else in the community. Moreover, the statute further provides that the trial court may order pretrial detention when it finds a substantial probability of the existence of one of the four circumstances specified in section 907.041(4)(b). Section 907.041(4)(b)1 relates to violations of pretrial releasebut it requires a finding "that no further conditions of release are reasonably likely to assure the defendant's appearance at subsequent proceedings." § 907.041(4)(b)1....
...revent the obstruction of the judicial process." § 970.041(4)(b)2. The trial court did not make a finding that Petitioner had acted in a way so as to threaten to obstruct the judicial process. The third circumstance relates to drug trafficking, see § 907.041(4)(b)3, which has no application to this case....
...tions: (1) previous conviction of a crime punishable by death or life in prison, (2) conviction of a dangerous crime within ten years preceding arrest for the instant crime, or (3) being on some type of release at the time of the current arrest. See § 907.041(4)(b)4.a, b, & c. The trial court did not make a finding as to any of these additional conditions; nor is there support for any of them in the transcript. A pretrial detention order must be based solely on facts presented at the hearing. See § 907.041(4)(h)....
...rial detention based on any of the four circumstances specified in the statute. While the trial court did make findings on which the pretrial detention was based, these findings are not sufficient to justify pretrial detention under the statute. See § 907.041(4)(b)....
...Accordingly, we grant the petition, vacate the amended order, and direct the trial court to consider whether there are any conditions of release that can assure the safety of the community. If the trial court again decides to detain Petitioner pending trial, it shall include the findings required by rule *982 3.132(c)(2) and section 907.041(4)(h) in its order, including findings as to at least one of the four circumstances specified in section 907.041(4)(b)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 275970
...lease that could reasonably assure the petitioner's presence at trial. Furthermore, the order did not contain factual findings and conclusions of law in support of pretrial detention, as required by Florida Rule of Criminal Procedure 3.132(c)(2) and section 907.041(4), Florida Statutes (1997). The state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 criteria. This court has consistently held that a denial of bond after a bond revocation must be based on a showing of the need for pretrial detention, pursuant to the criteria in section 907.041, Florida Statutes, and rules 3.131 and 3.132....
...tute. Although, as the majority points out, the traditional purpose of bail is to secure the defendant's appearance for trial, the legislature has recognized that protection of the community is equally, if not more, important in bail determinations. Section 907.041 sets forth the legislative intent to protect the safety of the community, as *113 well as assure the presence of the accused at trial. [2] Thus, a defendant who commits a new crime while out on bond can be held without bond just as defendant who fails to appear for a court proceeding. There are factors set forth in section 907.041(4)(b)4 that the court can apply to either type of bond violation when denying bond. [3] For instance, a defendant who commits a new crime while out on bond can be detained without bail pursuant to the factors set forth in section 907.041(4)(b)4. A defendant who fails to appear for a court proceeding, such as the defendant in this case, can be denied bail under section 907.041(4)(b)1, upon a finding that 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." Under either sce...
...Cochran,
654 So.2d 573 (Fla. 4th DCA 1995), as those cases concern defendants who violate the pretrial condition of refraining from criminal activity. The instant case concerns a defendant's failure to appear as a basis for denying or revoking bond. [2] See §
907.041(1), Fla. Stat. (1997): "It is the intent of the Legislature that the primary consideration be the protection of the community." [3] Section
907.041(4)(b) states: (b) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 393678
...State,
727 So.2d 1002 (Fla. 4th DCA 1999). The court should also consider whether any conditions of release are reasonably likely to assure her appearance at subsequent proceedings, and if appropriate to reinstate bail with such necessary conditions. See §
907.041, Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 9600, 2009 WL 2031305
...the judicial process." Art. I, § 14, Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...In Paul, the supreme court agreed with Judge Taylor's dissent in Bradshaw. See id. at 1049 n. 11. Pretrial detention based on a violation of a bond condition, other than the commission of a new offense while on pretrial release, is subject to the requirements of section 907.041, Florida Statutes. See § 907.041(4)(c)7, Fla....
...ear was willful and that "no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." Art. I, § 14, Fla. Const.; § 907.041(4)(c)7, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 186962
...The trial court has denied petitioner's motions without making any findings of actual violation of house arrest, or whether there were any conditions of release which could reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial. This is a requirement of section 907.041(4)(c)7., Florida Statutes (2002)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 67340
...there are any conditions of release that can assure the safety of the community. If the trial court again determines that pretrial detention is necessary, it shall include the findings required by Florida Rules of Criminal Procedure 3.132(c)(2), and section 907.041(4)(h), Florida Statutes (1997), in its order as outlined in Merdian....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1959
...e bail until the moment of adjudication." Cheatham v. Novell,
382 So.2d at 361. Article I, section 14, however, was amended at the November 2, 1982, general election. See In Re Rules of Criminal Procedure 3.130 (Bail Bond),
436 So.2d 60 (Fla. 1983); §
907.041, Fla....
...sed may be detained. The effect of the amendment, which was proposed by the legislature, was to allow courts to deny bail, in certain situations, to persons accused of offenses other than capital offenses or offenses punishable by life imprisonment. Section 907.041, Florida Statutes (1983), provides an elaborate statutory scheme to implement Article I, section 14, as amended. The legislative intent of this statute, and the intent of the amendment to Article I, section 14, is expressed in section 907.041(1), Florida Statutes: 907.041....
...easing, 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. Under section 907.041(4)(b) of the statute, a person accused of committing a "dangerous crime" [2] may be held if any of four enumerated conditions is met. The first three are inapplicable in this case, but the fourth, section 907.041(4)(b)4, allows pretrial detention if the court finds a substantial probability that "the defendant poses the threat of harm to the community." This subsection further requires, however, that the defendant meet at least one of the foll...
...h or life imprisonment; (2) the defendant has been convicted of a "dangerous crime" within the last ten years; or (3) the defendant is on probation, parole, pretrial release for a dangerous crime, or any other release pending completion of sentence. § 907.041(4)(b)4, Fla. Stat. (1983). The record is barren of evidence of any of these three requirements as well as any evidence that the defendant poses a present threat of harm to the community at large. Because section 907.041(4)(h) requires that the pretrial detention order, if any, "shall be based solely upon evidence produced at the hearing," we find that the court lacked statutory and constitutional authority to withhold bail in this case....
...GLICKSTEIN, Judge, concurring specially. I concur with the majority that it was error to deny bail because of the constitutional and statutory requirements which the trial court failed to follow. I further concur that the majority has accurately recited that because of section 907.041(4), Florida Statutes (1983); it is not enough to deprive an accused such as this defendant of pretrial release by showing that he poses a threat to the community. He must also fall within one of the three additional requirements of section 907.041(4)(b)4(a), (b) or (c). I am unwilling to join the conclusion of the majority that the record is barren of evidence that the accused poses a threat of harm to the community. Section 907.041(4)(b)4 initially provides that the court may order pretrial detention if it finds: [3] *812 4....
...rt will be required to consider the criteria listed in section
903.046(2), Florida Statutes (1983). NOTES [1] The provisions of this section appear verbatim in rule 3.131(a), Florida Rules of Criminal Procedure. [2] "Dangerous crimes" are defined in section
907.041(4)(a), Florida Statutes (1983)....
...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... . §
907.041(4)(b), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 1889106
...He also argues he was denied his "constitutional" right to cross-examine the state witness who prepared the affidavit, or to confront the evidence. Section
903.0471, Florida Statutes, provides for revocation of bail under the circumstances presented in this case. It states: Notwithstanding section
907.041, [1] a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...Can it be based on hearsay evidence, alone, in the form of a probable cause affidavit? Perry argues that Florida Rule of Criminal Procedure 3.132(c)(1) requires that an order of pretrial detention not be based exclusively on hearsay evidence. It is the procedural counterpart to section
907.041, the pretrial detention statute. However, *303 section
903.0471 is independent of section
907.041, and the procedures and requirements of the two are different....
...oke bail in the first case based solely on a probable cause affidavit prepared in the second case for an arrest warrant or a probable cause determination at first appearance. There is no indication in the language of section
903.0471, in contrast to section
907.041, that the Legislature intended there be an adversary hearing or that there be proffered anything other than the kind of evidence required to support an arrest warrant or probable cause determination at first appearances. Nor do the federal or state constitutions or other statutes and rules of this state require anything more. Petition for Writ of Habeas Corpus DENIED. THOMPSON, C.J., and MONACO, J., concur. NOTES [1] Section
907.041, Florida Statutes (2002), is the pretrial detention and release statute governing the procedure after an arrest....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15242, 2011 WL 4445630
...Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Respondent. PADOVANO, J. Anthony Bush, the defendant in a pending criminal case, petitions this court for a writ of habeas corpus to review an order entered under the pretrial detention statute, section 907.041, Florida Statutes (2011)....
...first appearance judge, in order to trigger the trial court's mandatory review of its motion. See Fla. R. Crim. P. 3.132(c). Rather, the State's burden is to show "beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes." Fla. R. Crim. P. 3.132(c)(1). The comprehensive statutory scheme of section 907.041, Florida Statutes (2010), circumscribes the trial court's authority to order pretrial detention. In relevant part, it provides that a court may order pretrial detention if it finds a substantial probability that "[t]he defendant poses the threat of harm to the community." § 907.041(4)(c)5....
...s weight. See Hernandez v. State,
56 So.3d 752, 758 (Fla. 2010) ("When reviewing the sufficiency of evidence presented to a trier of fact, our task is not to . . . reweigh the evidence."). For the foregoing reasons, I respectfully dissent. NOTES [1] Section
907.041, Florida Statutes sets the substantive requirements for pretrial detention in noncapital cases. However, the Legislature has expressly deferred to the courts as to the procedural requirements for pretrial detention. See §
907.041(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2673907
...same time. Rule 3.131(a) specifically addresses pretrial release and repeats the constitutional requirements requiring bail and its denial. Ordinarily, of course, the accused seeks the benefit of this rule. Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial detention....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 64152
...Upon a review of the record, it appears that the trial court misconstrued a prior order of this court dated December 29, 1989 granting a petition for a writ of habeas corpus. That order directed that a bond hearing be conducted or that an order be entered denying bond in accordance with Florida Statutes 907.041....
...1980) to this offense notwithstanding potential findings that the proof is evident and the presumption great. As a result, the trial court proceeded under the conclusion that the mandate of this court removed all discretion to deny bail absent proof of the factors in section 907.041(4)(b)4 a-c. We grant certiorari and quash the order setting bond. The criteria for denying bail set forth in section 907.041 are complementary to, and do not replace, the discretion of the court to deny bail, recognized in State v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 290225
...dant's further criminal conduct. As a threshold matter, while the trial court has the authority to arrest and commit a defendant released on bail for a breach of the undertaking, the subsequent proceedings are nevertheless controlled by the terms of section
907.041, Florida Statutes. Metzger v. Cochran,
694 So.2d 842 (Fla. 4th DCA 1997). Here the court ordered pretrial detention under section
907.041(4)(b)4., finding that the defendant poses a threat of harm to the community. Petitioner concedes that he is charged with a "dangerous crime" pursuant to section
907.041(4)(a)16. However, in addition to such a pending charge, section
907.041(4)(b)4....
...release for a dangerous crime at the time of his arrest for burglary. The respondent argues, however, that the defendant's delinquency adjudications while a minor, including as many as 12 burglaries and a number of assaults and batteries, satisfy subsection 907.041(4)(b)4.b....
...By contrast, the legislature has, in other contexts, spoken to the effect of prior juvenile convictions. See, e.g., §§ 921.0011(5), Fla. Stat. (1997)(sentencing guidelines);
90.610(1)(b) (evidence). The absence of any clarification by the legislature regarding the applicability of juvenile adjudications to section
907.041(4)(b)4.b....
...uency proceedings). Upon consideration of the above, we find that the petitioner does not satisfy the statutory criteria for pretrial detention and we therefore order his immediate release from custody. Our holding is limited to an interpretation of section 907.041 as now in effect....
...LAWRENCE, J., dissents with written opinion. LAWRENCE, Judge, dissenting. I respectfully dissent, and would deny Moody's petition for writ of habeas corpus. Moody, twenty-one years old, undisputedly is charged with a "dangerous crime" as defined in section 907.041, [1] specifically, burglary of a dwelling....
...an adult from pretrial detention. The legislature's clear statement of intent is public safety, evidenced by the express statutory statement that its "primary consideration [is] the protection of the community from risk of physical harm to persons." § 907.041(1), Fla....
...The trial judge's decision to leave Moody incarcerated in the Leon County Jail pending trial in my view is both a sound one, and the one mandated by the pretrial-detention statute. I therefore would deny Moody's petition for writ of habeas corpus. NOTES [1] Section 907.041, Florida Statute (1997), in relevant part, provides: 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 com...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1856
...constituted "more than just mere crowd control." The state did not oppose the setting of bond but only objected to the amount suggested by Mininni. Neither here nor at the subsequent hearing was it suggested that the pretrial detention provisions of section 907.041(4), Florida Statutes (1983), were applicable to Mininni....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 99597
...The trial court found, after an evidentiary hearing, that there was probable cause to believe Parker had committed a new crime while on pretrial release and ordered his detention pursuant to recently enacted Florida Statute §
903.0471 (2000), which provides: Violation of condition of pretrial release. Notwithstanding §
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release. Section
907.041, entitled "Pretrial detention and release," contains very specific criteria for trial courts to apply when determining if a defendant can be released prior to trial. Parker argues, relying on the Florida Constitution and section
907.041, that the new statute violates his procedural and substantive due process rights....
...assure the integrity of the judicial process, the accused may be detained. Before the passage of section
903.0471, the law in this court conflicted with the law in two other district courts of appeal on the issue of whether a trial court must follow section
907.041, after pretrial release was revoked for violation of a condition. In Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA), rev. granted,
741 So.2d 1137 (Fla.1999), this court adhered to its prior decisions requiring trial courts to comply with section
907.041 the second time around and certified conflict with Houser v. Manning,
719 So.2d 307 (Fla. 3d DCA 1998) and Gardner v. Murphy,
402 So.2d 525 (Fla. 5th DCA 1981). The Houser and Gardner courts had concluded that after the revocation of release for violation of a condition, neither section
907.041, nor Article I, section 14 of the Florida Constitution, applied when the defendant again sought pretrial release....
...v. State,
768 So.2d 529 (Fla. 4th DCA 2000). Although newly enacted section
903.0471 was not in effect when release was revoked in Barns, this court relied on the new legislation in order to determine whether the legislature had previously intended section
907.041 to apply after a trial court revoked pretrial release....
...Canada Dry Bottling Co. of Fla.,
59 So.2d 788 (Fla.1952)(subsequent legislation can be considered in order to arrive at the correct meaning of a prior statute). We concluded that section
903.0471 clarified that the legislature had not intended that section
907.041 had to be followed after a defendant committed a new crime while on pretrial release....
...asonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Fla. Const. Art. I, § 14. The legislative intent behind section
907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it. Barns,
768 So.2d at 532-33. Barns, as we said earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under section
907.041, not section
903.0471....
...[2] Parker also argues that section
903.0471 violates substantive due process because it authorizes a court to deny a second pretrial release upon finding probable cause that a defendant committed a new crime, which is less than the burden on the state when pretrial detention is sought under section
907.041....
...e, which is a sufficient basis on which to make an arrest, is too low a standard to be constitutional. Nor do we agree with Parker that his procedural due process rights were violated because he did not receive the procedural safeguards contained in section 907.041, which is applicable to initial pretrial release hearings....
...We deny the petition. WARNER, C.J., and DELL, J., concur. NOTES [1] In Barns, the defendant had not actually committed a new crime, but rather had violated a condition of his pretrial release. The same legislature which passed section
903.0471 also amended section
907.041 to authorize pretrial detention if the court finds that: 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. §
907.041(4)(b)7. [now numbered §
907.041(4)(c)7] The trial court in this case was not applying this amendment, but rather the more specific section
903.0471, which is applicable only when there is reasonable cause to believe the defendant has committed a crime while on pretrial release....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 418748
...Mielke, Assistant Attorney General, for respondent. Before COPE, GODERICH and RAMIREZ, JJ. COPE, J. Michael Azadi petitions for a writ of habeas corpus, challenging the trial court's order directing that he be detained without bond pursuant to the pretrial detention statute, section 907.041, Florida Statutes (2000)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 611684
...If recommended, submit to drug evaluation/screening and possibly complete rehabilitation program or counseling. Upon demand, submit to Random drug tests. Participate in counseling as directed by DJJ or the Court. The child's parent(s)/guardian shall report any violations in writing to DJJ or the Court. [3] Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to delinquency cases....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 181798
...4th DCA 1999); Merdian v. Cochran,
654 So.2d 573 (Fla. 4th DCA 1995). This court in Paul outlined the applicable rules and statutes and continued to hold that the trial court's authority to deny bond pending trial is "circumscribed by the provisions of Florida Statute section
907.041." This court further held that such rule applies even in the face of the defendant's breach of a condition of bond involving new criminal charges. See Paul, 24 Fla.L. Weekly at D583,
728 So.2d at 1171. In short, the trial court may order pretrial detention upon the breach of a bond condition if it finds a substantial probability that the defendant poses a threat of harm to the community. Section
907.041(4)(b)(4) provides that the court can make such finding of "threat of harm" 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. See §
907.041(4)(b)(4), Fla.Stat....
...r a dangerous crime at the time of the current arrest. See Paul, 24 Fla.L. Weekly at D581-82,
728 So.2d at 1168,
1999 WL 104585. We find that the state did not satisfy its burden of proving the requirements for pre-trial detention in accordance with section
907.041....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 314524
...Before the Merdian trilogy, a trial court's handling of pretrial release after a bond violation was a discretionary decision, once the court made the finding that criminal conduct or a willful violation had occurred. This court has narrowed the scope of that discretion by forcing the proceeding to filter through section 907.041, Florida Statutes (1999), a section not intended to cover violations of an existing bond or condition of release. The statute we have misapplied is section 907.041, Florida Statutes (1999), entitled "Pretrial detention and release." That statute does not apply to the situation at issue in this case, where a defendant has willfully violated a condition of an existing bond. Section 907.041 comes into play when the state seeks to have the defendant held in jail without bond for defined "dangerous crimes," from the time of arrest until trial. The legislative intent set forth at section 907.041 states: 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. (Italics supplied). The statute's reference to "failing to appear at trial" and the reference in section 907.041(4)(b)1....
...ons that occurred on a previous offense when pretrial release is opposed for the current offense. See Houser v. Manning,
719 So.2d 307, 311 (Fla. 3d DCA 1998). Such information is typically provided by the state to the judge at the first appearance; section
907.041(4)(c)4....
...aining to the defendant's past conduct *322 and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings. One factor most heavily weighs in favor of the interpretation that section 907.041 applies to release after arrest on a new chargethe procedures outlined in section 907.041 all contemplate events occurring shortly after arrest on a new substantive charge. [1] The procedures and required findings set forth in section 907.041 bring an initial denial of pretrial release within article I, section 14 of the Florida Constitution which states that in non-capital cases, a defendant "shall be entitled to pretrial release on reasonable conditions." That section of...
...y protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Id. This quoted language was added to the constitution in 1982. Section 907.041 tucks neatly into this constitutional provision by defining the standards for the type of pretrial detention which commences from the inception of a case. See § 907.041(3), Fla. Stat. (1999). Section 907.041 thus implemented the 1982 constitutional amendment in those non-capital cases where the state seeks to hold a person in jail from the time of arrest....
...A separate statutory and rule framework apply to the situation where a defendant violates a condition of an existing bond by committing criminal acts. Sections
903.046-903.047, Florida Statutes (1999), have been ignored by this court. Unlike the more narrow focus of section
907.041, sections
903.046-903.047 broadly define the powers of the court in all bail/pretrial release situations....
...has always been within the inherent power of a court where a defendant willfully violates a condition of release or engages in further criminal conduct. See Houser,
719 So.2d at 308-309. Section
903.046 was passed in the same legislative session as section
907.041. Section
903.046 was enacted in section 41 of Chapter 82-175, Laws of Florida, an omnibus statute "relating to bail and bail bondsmen." That statute was approved by the Governor on April 20 and filed with the Secretary of State on April 21, 1982. Section
907.041 was created by Chapter 82-398, Laws of Florida; it was approved by the Governor on June 29 and filed with *323 the Secretary of State on June 30, 1982. [2] Section
903.046, the broader statute, should be read to apply to those situations falling outside of the more narrow statute, section
907.041. One example demonstrates that section
907.041 should not be read to apply where a defendant has violated the statutory bond condition that a "defendant refrain from criminal activity of any kind." A serial auto burglar, who diligently makes all court appearances, would always be entitled to pretrial release, no matter how many such crimes were committed while on pretrial release. This is because auto burglary does not fit within the definition of a "dangerous crime" found in section
907.041(4)(a). Detention would therefore not be authorized under section
907.041(4)(b)4.; the court would be precluded from finding that the defendant poses a threat of harm to the community, because auto burglary is not a dangerous crime....
...Most of the majority opinion correctly cites to Florida Rule of Criminal Procedure 3.131 as the basis for the reversal. However, the last paragraph of the majority opinion includes the following language: It is the state's burden to prove the need of pretrial detention. Section
907.041(4)(f), Fla. Stat., which it must show beyond a reasonable doubt. See Fla. R.Crim. P. 3.132(c)(1).
654 So.2d at 576. By this language, without explanation or citation to authority, Merdian pulled both section
907.041 and Rule 3.132 into a case involving the revocation of an existing bond. See Houser,
719 So.2d at 309 (suggesting that Merdian was litigated on "the unexamined assumption that the only basis for refusing readmission to bond would be if the defendant qualified for pretrial detention under section
907.041.")....
...iminal Procedure 3.131(g)(1) to arrest and commit a defendant at large on bail for a breach of the undertaking; however, refusing to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove, §
907.041(4)(f), beyond a reasonable doubt, Fla. R.Crim. P. 3.132(c)(1). Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995).
694 So.2d at 842-43. Metzger thus relied only on Merdian to bring Rule 3.132 and section
907.041 procedures into cases where a defendant's bond was revoked for violating a condition of the bond, that the "defendant refrain from criminal activity of any kind." §
903.047(1)(a), Fla. Stat. (1999). Neither Metzger nor Merdian engaged in any analysis before injecting section
907.041 into the bond revocation equation. Relying only on Merdian and Metzger, in Paul we continued to hold that a trial court's authority to revoke bond "is circumscribed by the provisions" of section
907.041....
...Our extension of the law in Metzger, Merdian, and Paul has limited the inherent power of the trial courts and compromised the integrity of the judicial process, without a clear signal from the legislature that the decision on bond revocation should be elevated to such an exalted position in the criminal process. Section 907.041 does not say that it applies to revocations of existing bonds; it should not be read as creating such a fundamental change in the law without explicit direction from the legislature....
...*325 In sum, under the correct application of the applicable bond statutes, once a violation of a condition of release has been proven, revocation is a discretionary decision of the trial judge under rule 3.131(h). The law does not require the trial judge to apply section
907.041 in making the "bail after recommitment" decision. NOTES [1] For example, section
907.041(4)(c), Florida Statutes (1999), requires the arresting agency to "promptly notify" the state attorney of the arrest of a person "charged with a crime for which pretrial detention could be ordered." The arresting agency is to provide the state attorney with information as to the "nature and circumstances of the offense charged" and "previous flight to avoid prosecution, or failure to appear at court proceedings." §
907.041(4)(c)1. & 4., Fla. Stat. (1999) (italics supplied). Section
907.041(4)(d) permits an arresting agency to detain a defendant for a period not exceeding 24 hours before the state attorney files a motion seeking pretrial detention. Section
907.041(4)(e) provides for a pretrial detention hearing "within 5 days of the filing by the state attorney of a complaint to seek pretrial detention." [2] Section
903.047, Florida Statutes (1999), was enacted in 1984....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 WL 1084968, 2011 Fla. App. LEXIS 3990
...rnatively denied the petitioner's motion to set bond. While we agree with the petitioner that the crime of criminal solicitation of murder is not included in the statutory list of dangerous crimes for which the state may seek pretrial detention, see § 907.041(4)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...The court again found that the proof of guilt was evident and the presumption great. However, the court was erroneously persuaded by defense counsel that the petitioner could not be held without bond absent satisfaction of the criteria set forth in Section 907.041, Florida Statutes (1985)....
...The court, therefore, over the persistent objections of the prosecuting attorney, granted the petitioner's motion for pretrial release and set bond in the amount of $1,000,000. Petitioner does not urge upon us, as he did the trial court, that he could not be detained without satisfaction of the Section 907.041 criteria....
...However, as earlier noted, the fact is that the decision to set bail for the petitioner was not made in the exercise of the judge's discretion, as contemplated in Arthur, supra, but rather as a result of the judge's erroneous assumption that he was compelled to do so by Section 907.041....
...And so we find: (1) that the petitioner was not entitled, by virtue of Art. I, section 14, to be admitted, as of right, to bail; (2) that, in setting bail, the trial court was not exercising the discretion contemplated by Arthur, but, instead, set bail only because of the trial court's erroneous assumption that Section 907.041 compelled such action; and (3) even if the trial court had set bail in the exercise of the discretion permitted by Arthur, such would have been a clear abuse of that discretion....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564
...an offense punishable by life imprisonment. On the other hand, the pertinent statute and rules of procedure appear to be directed to the second, more general, exception to the right of pretrial release, which may be applied regardless of the charge. Section 907.041, Florida Statutes (2012), is entitled “Pretrial detention and release.” It sets forth a scheme wherein there is a presumption in favor of releasing an accused on nonmonetary conditions unless he or she is charged with a “dangero...
...rocess. 4 *1223 When assessing whether there is a substantial probability of one of the seven circumstances, the court may consider the defendant’s behavior patterns, the criteria in section
903.046, Florida Statutes, and any other relevant facts. §
907.041(4)(e)....
...Section
903.046 lists required considerations applicable to bail determinations generally. Among them is “[t]he weight of the evidence against the defendant.” §
903.046(2)(b), Fla. Stat. (2012). For purposes of the statute, offenses qualifying as dangerous crimes which may warrant pretrial detention are listed in section
907.041(4)(a)....
...For example, number 18 on the list is an “[a]ct of domestic violence as defined in s.
741.28.” Under the referenced statute, domestic violence may include a simple assault or battery. §
741.28(2), Fla. Stat. (2012). It is apparent, then, that section
907.041 is directed to the second, general, exception to the right of pretrial release set forth in article I, section 14....
...If so, he or she may be detained in custody pending the second step in the process, an adversarial final hearing on pretrial detention. At the final hearing, the State must prove beyond a reasonable doubt that pretrial detention is necessary under the criteria set forth in section 907.041....
...gs required by that rule. The Instant Case In Preston’s case, the State did not file a motion for pretrial detention under rule 3.132, nor did the court receive evidence sufficient to demonstrate the need for pretrial detention under that rule and section 907.041....
...urrently 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. .Section 907.041(4)(a) provides: (a) As used in this subsection, "dangerous crime” means any of the following: 1....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...At the time of his arrest, he was out on bond on an earlier domestic battery charge. At his initial appearance on the new charges, the first appearance judge ordered Rodriguez to be held without bond on the new charges and revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime....
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 538, 2009 Fla. LEXIS 1557, 2009 WL 2959235
...ts. A comment was received by the Florida Public Defender Association (FPDA), opposing the mandatory directive that requires the court to initiate a determination of pretrial detention absent a motion by the State. 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), which states the "state attorney has the burden of showing the need for pretrial detention." The FPDA contrasts the language of section
907.041 with section
903.0471, Florida Statutes (2008), violation of condition of pretrial release, which expressly allows the court to revoke bond "on its own motion" if it finds probable cause to believe that the defendant committed a new crime while on bond....
...307 release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained." The Committee correctly observes that section 907.041, pretrial detention and release, provides in part "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." § 907.041(1), Fla....
...See Parker v. State,
843 So.2d 871, 880 (Fla.2003) (stating that while section
903.0471 only requires that the judge make a finding of probable cause for revocation of a pretrial release, a Florida defendant is accorded a full adversarial hearing under section
907.041 upon his or her initial application for pretrial release)....
...QUINCE, C.J., and PARIENTE, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur. LEWIS, J., concurs in result only. APPENDIX RULE 3.132.PRETRIAL DETENTION (a) Motion Filed at First Appearance. A person arrested for an offense for which detention may be ordered under section 907.041, Florida Statutes, shall be taken before a judicial officer for a first appearance within 24 hours of arrest....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14626, 2011 WL 4089990
...Even if we were to accept the clerk's mailing of notice to petitioner's last known address as sufficient in this case, the trial court did not find that "no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial." § 907.041(4)(c)7., Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...st appearance
hearing, the judicial officerjudge may commit and order the offender to be brought
before the court that granted probation or community control, or may release the
offender with or without bail to await further hearing, notwithstanding section
907.041, Florida Statutes, relating to pretrial detention and release....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6455, 2011 WL 1706033
...ecord that the trial court made no findings that “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,” a requirement of pretrial detention under section 907.041(4)(c)7., Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3371, 2012 WL 686647
...VAN NORTWICK and ROBERTS, JJ., concur; THOMAS, J., concurs with written opinion. THOMAS, J., Concurs with written opinion. The petition for writ of habeas corpus is denied on the merits. I concur in the denial of the Petition for Writ of Habeas Corpus, but write to note that under Section 907.041(4)(k), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 21434171
...As the trial court denied the motion to reinstate based solely on Petitioner's violation of a condition of his pretrial release without making any findings as to whether "no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial," § 907.041(4)(c)7, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 6608
*1165Florida Rule of Criminal Procedure 3.131 and section
907.041, Florida Statutes (1993). Notwithstanding the
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2032519
...The defendant, who is charged with committing the crime of first-degree murder, petitions this court for a writ of habeas corpus or, in the alternative, a writ of mandamus, claiming that the trial court erred in failing to comply with the provisions of section 907.041 of the Florida Statutes (2005) and rule 3.132 of the Florida Rules of Criminal Procedure before refusing to reinstate his pretrial release....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 973, 2010 WL 391293
...resumption was great in an Arthur [1] hearing," in order to set "no bond." The defense objected, asserting that the life felony charge had been abandoned. There was then discussion regarding a possible attempt by the State to revoke bond pursuant to section 907.041, Florida Statutes, since aggravated assault is a "dangerous crime." [2] However, these suggestions by the trial judge did not go any further....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 1258052, 2014 Fla. App. LEXIS 2504
...Although the defendant does not dispute, and we do not find, that the trial court erred by revoking his bond when he failed to appear for a pretrial sounding after receiving both oral and written notice, he contends he is entitled to a full hearing and findings by the trial court pursuant to sections
907.041 and
903.046, Florida Statutes (2014), before pretrial detention may be required based on the motion he filed under Florida Rule of Criminal Procedure 3.131(d)....
...Paul,
783 So.2d 1042, 1051 (Fla.2001), the Florida Supreme Court held that when a defendant breaches a bond condition and his bond is revoked, the trial court may deny the defendant’s subsequent request for a new bond, but the trial court’s discretion is limited by Florida statutes. Section
907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial probability, based on a defendant’s past and present patterns of behavior, the criteria in s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2017 WL 632245, 2017 Fla. App. LEXIS 2134
...Petitioner Jorge Guzman has filed a petition seeking issuance of a writ of habeas corpus, to remedy his alleged illegal incarceration. Guzman asserts that the trial court ordered him to be held without bond, without conducting a proper hearing, and without making the necessary findings required under sections
907.041 and
903.046, Florida Statutes (2017), and Florida Rules of Criminal Procedure 3.131 and 3.132....
...tly before the court and the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably protect *1100 the community from risk of physical harm to persons or assure the presence of the accused at trial. § 907.041(4)(c)7., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2428596
...If it has not already done so, the trial court shall hold a bond hearing and consider pretrial release for this case. If the state moves for pretrial detention and the statutory requirements are met, the court may order petitioner detained without bond in this case. See § 907.041(4)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1781349
...The provision does not authorize a trial judge to become a prosecutor, issuing orders without any cause whatsoever, not to mention probable cause. In a perversion of logic, the State also seeks to justify the trial court's action by reference to §
903.0471, Fla. Stat. (2000), which reads: Notwithstanding §
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 135693
...re the integrity of the judicial process. Art. I, § 14, Fla. Const. Before denying pre-trial release because of the threat of harm to the community, the court must make several findings, including that the present charge is a "dangerous crime." See § 907.041(4)(b)4., Fla....
...If any judge at first appearance intentionally disregards this opinion and Martina, this court will take whatever action necessary to enforce compliance with constitutional precedent. IT IS SO ORDERED. GOSHORN, C.J., and COBB and THOMPSON, JJ., concur. NOTES [1] § 907.041(4)(a)3., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5166, 2010 WL 1541514
...State,
15 So.3d 758 (Fla. 4th DCA 2009), a trial court's authority to order pretrial detention, even after a failure to appear which violates a bond condition, is circumscribed by the statutes and constitutional provisions. See Art. I, § 14, Fla. Const.; §
907.041(4), Fla....
...pital crimes not punishable by life imprisonment. "If no conditions of release can reasonably . . . assure the presence of the accused at trial or assure the integrity of the judicial process, the accused may be detained." Art. I, § 14, Fla. Const. Section 907.041(4)(c)7., Florida Statutes, permits the court to order pretrial detention if a defendant violates one or more conditions of a bond and "the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably....
CopyPublished | Florida 3rd District Court of Appeal
...adverse rulings made,’” for such rulings are reviewable otherwise, “but,
instead, serve ‘to prevent his [or her] future action in the pending case’” and
concluding Hodges is properly detained under Florida Rule of Criminal
Procedure 3.132 and section 907.041, Florida Statutes (2021), we deny both
petitions....
...See §§
327.35(3),
782.072, Fla. Stat. The trial court revoked his bond on the initial charges.
2
The State filed a motion for pretrial detention pursuant to Florida Rule
of Criminal Procedure 3.132 and section
907.041, Florida Statutes....
...Of equally salient consideration, however, are the
alternative purposes of warding off witness intimidation and preventing the
repetition of dangerous acts by incapacitating the accused. As relevant to
the latter objective, the legislature enacted section 907.041, Florida Statutes,
entitled “[p]retrial detention and release,” to ensure “the protection of the
community from risk of physical harm to persons.” § 907.041(1), Fla. Stat.
To that end, the statute authorizes the refusal of bond under certain closely
circumscribed circumstances.
4
Section 907.041, provides, in pertinent part:
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....
...e
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.
§ 907.041(4)(c), Fla....
...1 As with the analysis
of any statute, we “begin[] with ‘the language of the statute,’” and, in this
case, because that “language provides a clear answer, it ends there as well.”
Hughes Aircraft Co. v. Jacobson,
525 U.S. 432, 438 (1999) (citations
omitted). Section
907.041, Florida Statutes, contains an exhaustive list of
those crimes deemed by the legislature sufficiently dangerous to
demonstrate the accused poses a risk of harm to the community. Among
those included are “homicide” and “manslaughter.” §
907.041(4)(a), Fla.
Stat....
...manslaughter falls under the broad umbrella of “manslaughter.” See
Manslaughter, Garner’s Dictionary of Legal Usage (3d ed. 2011)
1
Hodges argues that pretrial detention considerations relating to DUI
manslaughter are included in section 907.041(4)(c), Florida Statutes, thus,
alcohol-related crimes resulting in death are thereby excluded from section
907.041(4)(a), Florida Statutes....
...legislature and
carve out an unpenned exception to the statute.
Noting the threat of community harm finding is further supported by
Hodges’ out-of-state DUI conviction, we discern no error in the decision to
order pretrial detention. See § 907.041(4)(c)4., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 WL 2812788
...The trial court shall hold another bond hearing and consider pretrial release for petitioner in this case. If the state moves for pretrial detention and the statutory requirements are met, the court may order petitioner detained without bond in this case. See § 907.041(4)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 13422, 2001 WL 1131350
...On August 1, 2001, Kevin Roby, petitioner, was taken into custody by the trial *190 court and ordered held without bail until time of trial. He petitions this Court for a writ of habeas corpus alleging that the trial judge revoked his bond without complying with the requirements of section 907.041(c), Florida Statutes (2000)....
...had not yet argued any legal authority in support of his motion. After a brief discussion concerning a new trial date, counsel said: [DEFENSE COUNSEL]: Your Honor, I would ask the Court to release Mr. Roby pending trial. According to Florida Statute 907.041, [sic] regarding pretrial detention, Your Honor— THE COURT: The answer is no, counsel. Petitioner does not challenge the propriety of the issuance of an alias/capias warrant for his arrest. His sole claim is that the trial court erred in denying his motion for release from custody without considering the requirements of section 907.041, Florida Statutes (2000)....
...Paul,
783 So.2d 1042, 1051 (Fla.2001), the Florida Supreme Court held that: [A]lthough the breach of a bond condition provides the basis for revocation of the original bond, the trial court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section
907.041], The record clearly establishes that the trial court did not consider the requirements of the statute....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 14671, 2014 WL 4656584
...ned whether his
failure to appear in court was willful, nor made the necessary findings that “no
conditions of release can reasonably protect the community from risk of physical
harm to persons or assure the presence of the accused at trial.” §
907.041(4)(c),
Florida Statutes (2014); see Art, I, § 14, Fla. Const.; Blair v. State,
39 So. 3d 1190
(Fla. 2010). As such, we grant Robinson’s petition for writ of habeas corpus only
insofar as we remand to the trial court for an expedited bond hearing pursuant to
section
907.041(4)(c), Florida Statutes (2014)....
...State, 3D14-2199,
2014 WL 4627613 (Fla. 3d DCA, Sept. 17, 2014).
2
As such, we grant Robinson’s petition for writ of habeas corpus only
insofar as we remand to the trial court for an expedited bond hearing pursuant to
section
907.041(4)(c), Florida Statutes (2014)....
CopyPublished | Florida 3rd District Court of Appeal
... sounding was willful, and failed to make the necessary findings 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.” Art. I, § 14, Fla. Const.; §
907.041(4)(c), Florida Statutes (2014). See Blair v. State,
39 So. 3d 1190 (Fla.
2010). As such, we grant Herrera’s petition for writ of habeas corpus only insofar
as we remand to the trial court for an expedited bond hearing pursuant to section
907.041(4)(c), Florida Statutes (2014)....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 14360, 2014 WL 4627613
...ounding was willful, and failed to make the necessary findings 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.” Art. I, § 14, Fla. Const.; §
907.041(4)(e), Florida Statutes (2014). See State v. Blair,
39 So.3d 1190 (Fla. 2010). As such, we grant Herrera’s petition for writ of habeas corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section
907.041(4)(c), Florida Statutes (2014)....
CopyPublished | Florida 3rd District Court of Appeal
... sounding was willful, and failed to make the necessary findings 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.” Art. I, § 14, Fla. Const.; §
907.041(4)(c), Florida Statutes (2014). See Blair v. State,
59 So. 3d 387 (Fla.
2011). As such, we grant Herrera’s petition for writ of habeas corpus only insofar
as we remand to the trial court for an expedited bond hearing pursuant to section
907.041(4)(c), Florida Statutes (2014)....
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 4056285, 2011 Fla. App. LEXIS 14570
...Furthermore, the trial court did not make findings “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,” a requirement of pretrial detention under section 907.041(4)(c)7....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9666, 1996 WL 515272
...tion for bond. We grant the petition for writ of habeas corpus. We remand for the trial court either to set reasonable bail for petitioner’s release, or to set forth the findings in writing which satisfy the requirements for pre-trial detention of section 907.041, Florida Statutes and Florida Rule of Criminal Procedure 3.132(c)(2)....
CopyPublished | Florida 3rd District Court of Appeal
...trial detention without bond is
unlawful. A review of the record shows that the Petitioner was ordered detained
without any condition for pretrial release pending trial. The record and transcripts
from the hearings showed that the requirements of section 907.041, Florida
Statutes (2017) and Florida Rules of Criminal Procedure 3.131 and 3.132 were not
followed and that the trial court had failed to make the proper findings before
ordering pretrial detention. We granted the petition and ordered the trial court to
hold a hearing no later than Monday, October 30, 2017 and to comply with the
requirements of section 907.041, Florida Statutes (2017) and Florida Rules of
Criminal Procedure 3.131 and 3.132 in determining the appropriate conditions for
either release or pretrial detention.
The matter is back before us on the Petitioner’s Motion to Enforce Habeas
Corpus....
...detention. As such, we send this matter back – once more – for a hearing to be
held before noon Wednesday, November 1, 2017, and for the trial court to
specifically set forth its findings, in accordance with the Rules of Criminal
Procedure and section 907.041, for either pretrial release or detention....
CopyPublished | Florida 3rd District Court of Appeal
...Petitioner was to appear for
arraignment on March 16, 2016 and failed to appear. She was arrested on capias
warrant on October 18, 2017 and her case was heard twice, on October 18 and 19,
2017. Bond was requested but denied. The record and transcripts from the
hearings show that the requirements of section 907.041, Florida Statutes (2017)
and Florida Rules of Criminal Procedure 3.131 and 3.132 were not followed, and
the trial court failed to make the proper findings before ordering pretrial detention.
Therefore, we grant the petition for habeas corpus and remand this cause to
the trial court....
...The trial
court shall, no later than Monday, October 30, 2017, conduct a hearing pursuant to
Florida Rules of Criminal Procedure 3.131 and 3.132, to determine appropriate
conditions of release or detention, and any pretrial detention order shall comport
with the requirements of section 907.041, Florida Statutes (2017)....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 17456, 2014 WL 5420795
...Petitioner Borris Moralez asks this court to issue a writ of habeas corpus and order the circuit court to grant his immediate release in case F13-27204B. We grant Moralez’s petition for writ of habeas corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and 3.132....
...We treat Petitioner, Borris Moralez’s motion to enforce this court’s October 24, 2014 order granting his petition for writ of habeas corpus as a renewed petition for writ of habeas corpus, which we grant. In our prior order we remanded this cause to the court below for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and 3.132....
CopyPublished | Florida 3rd District Court of Appeal
...a writ of habeas corpus and
order the circuit court to grant his immediate release in case F13-27204B. We
grant Moralez’s petition for writ of habeas corpus only insofar as we remand to the
trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida
Statutes (2014), and the applicable provisions of Florida Rules of Criminal
Procedure 3.131 and 3.132....
CopyPublished | Florida 5th District Court of Appeal
...history record pertaining to the 2003 charge and plea, pursuant to section
943.059,
Florida Statutes (2016). The FDLE sent Lazard a letter stating that it would not issue a
certificate because his criminal history related to “a violation enumerated in s.
907.041”
(specifically, an act of domestic violence), an offense which rendered his criminal history
ineligible for sealing under section
943.059....
...Once the applicant receives the certificate of eligibility, he or she then petitions the court
to seal the record. §
943.059, Fla. Stat. (2016). However, criminal records that “relate
to” certain enumerated offenses, such as violations listed in section
907.041, Florida
Statutes, which includes an act of domestic violence, cannot be sealed by the court....
CopyPublished | Florida 3rd District Court of Appeal
...a felony, two counts of
unlawful compensation and armed possession of cocaine with the intent to
sell, manufacture, or deliver. The State subsequently filed a motion for
pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132 and
section 907.041, Florida Statutes. Alcazar then filed a motion to set bond.
The trial court held a full evidentiary hearing and granted the motion
for pretrial detention pursuant to section 907.041(4)(c)5., Florida Statutes.
In doing so, it found Alcazar was presently charged with a dangerous
crime, there was a substantial probability that Alcazar committed the crime,
the factual circumstances demonstrated Alcazar’s disrega...
...TRIAL COURT’S FACTUAL FINDINGS
“[I]n reviewing the record for abuse of discretion, we only determine if
the facts in evidence provide competent substantial evidence for each of
the trial court’s findings.” Garcia,
325 So. 3d at 226. Here, the trial court
found pretrial detention was warranted pursuant to section
907.041(4)(c)5.,
3
because: (1) Alcazar was charged with a dangerous crime; (2) there was a
substantial probability Alcazar committed the crime based on the evidence
and testimony provided by the Sta...
...process.” Thourtman v. Junior,
275 So. 3d 726, 731 (Fla. 3d DCA 2019).
The Florida Legislature has “provided comprehensive guidelines for when
an original application for bail may be denied as codified in section
6
907.041, Florida Statutes.” State v. Blair,
39 So. 3d 1190, 1192 (Fla.
2010).
Section
907.041 states “[i]t 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 (4).” §
907.041(3)(a), Fla. Stat.
Section
907.041(4) provides:
(a) As used in this subsection, “dangerous
crime” means any of the following:
1....
...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; and
23. Human trafficking.
§
907.041(4)(a), Fla. Stat. (emphasis added)
The State argued for, and the trial court ordered pretrial detention
based on section
907.041(4)(c)5....
...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;
...
§ 907.041(4)(c)5., Fla. Stat. (emphasis added).
The plain language of this section 907.041(4)(c)5. establishes that a
trial court can order pretrial detention under that section if it finds the
defendant “is presently charged with a dangerous crime.” §
8
907.041(4)(c)5., Fla....
...Here, the trial court, relying on Watkins v.
Lamberti,
82 So. 3d 825, 826 (Fla. 4th DCA 2011), found solicitation of first-
degree murder constituted a dangerous crime. Our Court, however, has
previously found a dangerous crime can only be one that is enumerated in
section
907.041(4)(a). See Hodges v. State,
327 So. 3d 923, 925 (Fla. 3d
DCA 2021) (“Section
907.041, Florida Statutes, contains an exhaustive
list of those crimes deemed by the legislature sufficiently dangerous to
demonstrate the accused poses a risk of harm to the community.”)
(emphasis added).
Solicitation of first-degree murder is not listed as a dangerous crime
under section
907.041(4)(a). The State urges this Court to follow Watkins
and determine solicitation of first-degree murder is a dangerous crime, but
we are limited by the language of the statute. 1 Section
907.041(4)(a)
specifically provides a list of crimes that qualify as dangerous crimes “as
used in this subsection.” While the Legislature explicitly included attempt
and conspiracy in the “dangerous crimes” definition, it omitted s...
...ecline the
invitation to do so in the first instance here. Further, the information only
lists solicitation of first-degree murder.
“A trial court’s authority to hold the defendant without any bond is
circumscribed by the provisions of section
907.041, and the trial court must
consider and follow the pertinent provisions of the pretrial detention statute,
as well as [Florida Rules of Criminal Procedure] 3.131 and 3.132.”
Ginsberg v. Ryan,
60 So. 3d 475, 477 (Fla. 3d DCA 2011) (internal
citations omitted). Essentially, “a court is required to consider the
requirements of section
907.041 and [rules] 3.131 and 3.132 before
denying a request for pretrial release.” Id.
Rules 3.131 and 3.132 provide the proper procedure for a trial court
to deny a request for pretrial release. Initially, the State must file a motion
seeking pretrial detention within twenty-four hours of the defendant's arrest.
Fla. R. Crim. P. 3.132(a); §
907.041(4)(e), (g)....
...If probable cause is found, the
person may be detained in custody pending a final hearing on pretrial
detention.” Fla. R. Crim. P. 3.132(a). At the final hearing, the State “has
the burden of showing beyond a reasonable doubt the need for pretrial
detention pursuant to the criteria in section 907.041, Florida Statutes.” Fla.
R....
CopyPublished | Florida 3rd District Court of Appeal
...e premeditated
murder of LeShonte Jones, attempted murder of Jones’ three-year old child
and conspiracy to commit murder—with a firearm. Martinez filed a motion
for release on bond. The State filed a motion for pretrial detention pursuant
to section 907.041, Florida Statutes, and separately requested the case be
set for Arthur hearing.
After the three-day hearing, the trial court entered a detailed written
order chronicling its findings of fact and conclusions of law—the rel...
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 703, 2013 Fla. LEXIS 2197, 2013 WL 5567077
...The court then found that Graham “does not change the statute with respect to [Treacy’s] right to bond in the present case.” Id. Further, the court found that its reasoning was consistent with the Legislature’s intent in providing pretrial detention, citing section 907.041(1), Florida Statutes (2009): “Based upon the seriousness of the charge in the present case, the [c]ourt’s finding ......
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5575045, 2013 Fla. App. LEXIS 16107
SUAREZ, J. We grant the petition for habeas corpus in part and deny in part because the trial court failed to make the required statutory findings regarding reasonable alternate conditions of release. See § 907.041(4)(c)(7), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 15289
...discretion when it denied the petitioners’ motions for bond.
This Court reviews conditions of a pretrial release under an abuse of
discretion standard. See Hernandez v. Roth,
890 So. 2d 1173, 1174 (Fla. 3d DCA
2004). Sections
903.047(1)(a),
903.0471, and
907.041(4)(c)7, Florida Statutes
(2014), provide for revocation of the defendants’ pretrial release under the
circumstances presented in these cases....
...da Statutes (2014), provides
that “a court may, on its own motion, revoke pretrial release and order pretrial
detention if the court finds probable cause to believe that the defendant committed
a new crime while on pretrial release.” Further, section 907.041(4)(c)7, Florida
Statutes (2014), provides that a court may, within its discretion, order pretrial
detention if a defendant violates pretrial release conditions.
PTI is a discretionary form of pretrial release....
CopyPublished | Florida 3rd District Court of Appeal
...cause to
the trial court. The State shall have no more than three business days following
issuance of this opinion to file a legally sufficient motion for pretrial detention,
after which the trial court shall conduct a hearing in accordance with section
907.041, Florida Statutes (2014) and Florida Rule of Criminal Procedure 3.132.
Should the State fail to file such a motion, the trial court shall immediately
thereafter conduct a hearing pursuant to Florida Rule of Criminal Procedure 3.131
to determine appropriate conditions of release....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 18246, 2014 WL 6607215
...his cause to the trial court. The State shall have no more than three business days following issuance of this opinion to file a legally sufficient motion for pretrial detention, after which the trial court shall conduct a hearing in accordance with section 907.041, Florida Statutes (2014) and Florida Rule of Criminal Procedure 3.132....
CopyPublished | Florida 3rd District Court of Appeal
...cause to
the trial court. The State shall have no more than three business days following
issuance of this opinion to file a legally sufficient motion for pretrial detention,
after which the trial court shall conduct a hearing in accordance with section
907.041, Florida Statutes (2014) and Florida Rule of Criminal Procedure 3.132.
Should the State fail to file such a motion, the trial court shall immediately
thereafter conduct a hearing pursuant to Florida Rule of Criminal Procedure 3.131
to determine appropriate conditions of release....
CopyPublished | Florida 3rd District Court of Appeal
...October
24, 2014 order granting his petition for writ of habeas corpus as a renewed petition
for writ of habeas corpus, which we grant.
In our prior order we remanded this cause to the court below for an
expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014),
and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and
3.132....
CopyPublished | Florida 3rd District Court of Appeal
...from physical harm to persons or assure the presence of the accused at trial." The trial court revoked the Petitioner's bond, granted the state's motion for pretrial detention and incarcerated the Petitioner to await his January 16, 2018 trial date. Section 907.041, Florida Statutes (2017), provides that it is the intent of the Legislature to create a presumption in favor of pretrial release, whether on non-monetary or monetary conditions....
...nditions of release could assure his presence). A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R. Crim. P. 3.132(c)(2) ; § 907.041(4)(i), Fla....
...He testified that he attempted to contact the court but could not verify that it was open. We therefore grant the writ of habeas corpus. The trial court shall, no later than 5:00 p.m. Wednesday, November 22, 2017, conduct a hearing pursuant to Florida Rules of Criminal Procedure 3.131 and 3.132, and section 907.041, Florida Statutes (2017)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 17332, 2004 WL 2599389
...Under Florida Rule of Criminal Procedure 3.131(b)(1)(C), courts may impose a condition of pretrial release that places “restrictions on the travel, association, or place of abode of the defendant during the period of release.” The remedy for a violation of that condition is the revocation of pretrial release. See § 907.041(4)(c)(7), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 15149, 2000 WL 1714783
...State,
727 So.2d 1002 (Fla. 4th DCA 1999); Wilson v. State,
669 So.2d 312 (Fla. 5th DCA 1996). The court also did not make a finding that no conditions of release could protect the community from harm or assure petitioner’s presence at trial. See §
907.041(4)(c)7., Fla....
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6470, 2004 WL 1049239
...We grant the petition and remand the case for an immediate bond hearing consistent with this opinion. Article I, Section 14 of the Florida Constitution affords trial courts wide latitude in making decisions concerning pre-trial release and bond. However, those latitudes are not without bounds. “Section
907.041 tucks neatly into this constitutional provision by defining the standards for the type of pretrial detention which commences from the inception of a case.” Thomas v. Jenne,
766 So.2d 320, 322 (Fla. 4th DCA 2000). It is these statutory provisions that cause us to grant the petition and issue the writ in this case. Section
907.041(4)(c), Florida Statutes (2003) provides: “[t]he 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....
...itted 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. § 907.041(4)(c)5, Fla. Stat. (2003) (emphasis added). The crimes charged must qualify as “dangerous crimes” to satisfy the statute. The legislature defined “dangerous . crimes” in section 907.041(4)(a), Florida Statutes (2003)....
...The crimes with which the defendant is charged are not within those enumerated. Thus, reliance on this provision is misplaced. While the trial court properly reviewed the relevant criteria set forth in section
903.046, Florida Statutes (2003), there is no provision under section
907.041 under which the charged crimes qualify for pretrial detention....
CopyPublished | Supreme Court of Florida
Detention). 1 The amendments reflect changes to section
907.041, Florida Statutes (2024), made by chapter
CopyPublished | District Court of Appeal of Florida
is circumscribed by the requirements of section
907.041, Florida Statutes, and Florida Rules of
CopyPublished | Florida 3rd District Court of Appeal
...For the limited purposes of this petition, the relevant facts are
not in dispute:
In April 2022, Jose Alcazar was initially charged with, inter alia,
solicitation of first-degree murder. The State filed a motion for pretrial
detention pursuant to section 907.041, Florida Statutes (2022), and Florida
Rule of Criminal Procedure 3.132, contending Alcazar should be held without
8
bond pursuant to section 907.041(4)(c)5., which authorizes the trial court to
order pretrial detention if it finds that:
1) the defendant is presently charged with a “dangerous
crime”;
2) there is a substantial probability that th...
...for the safety of the community; and
4) there are no conditions of release reasonably sufficient to
protect the community from the risk of physical harm to
persons.
The term “dangerous crime” is expressly defined by section
907.041(4)(a), which lists twenty-two individual crimes (such as homicide,
kidnapping, robbery, sexual battery), designating each as a “dangerous
crime.”
The statute further provides that “[a]ttempting or conspiring to commit...
...9
In September 2022, Alcazar filed his first petition for writ of habeas
corpus, challenging the trial court’s order on the ground that solicitation of
first-degree murder is not a “dangerous crime” under section
907.041 and
thus could not serve as a basis for pretrial detention. This court, relying on
our holding in Hodges v. State,
327 So. 3d 923, 925 (Fla. 3d DCA 2021),4
concluded that the trial court was without authority to order pretrial detention
because “a dangerous crime can only be one that is enumerated in section
907.041(4)(a).” Alcazar v....
...proceedings on the issue of pretrial release. On remand, the State amended
the charging document, adding the charge of attempted first-degree
murder—an offense enumerated as a “dangerous crime” under section
4
As this court noted in Alcazar I, our decision in Hodges held “section
907.041, Florida Statutes, contains an exhaustive list of those crimes
deemed by the legislature sufficiently dangerous to demonstrate the accused
poses a risk of harm to the community.” Alcazar v. State,
349 So. 3d 930,
935 (Fla. 3d DCA 2022).
10
907.041(4)(a)....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 160, 2012 WL 739122, 2012 Fla. LEXIS 486
...t first appearance hearing, the judicial officer may commit and order the offender to be brought before the court that granted probation or community control, or may release the offender with or without bail to await further hearing, notwithstanding section 907.041, Florida Statutes, relating to pretrial detention and release....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 3129
...If recommended, submit to drug evaluation/screening and possibly complete rehabilitation program or counseling. Upon demand, submit to Random drug tests. Participate in counseling as directed by DJJ or the Court. The child’s parent(s)/guardian shall report any violations in writing to DJJ or the Court. . Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to delinquency cases....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1307, 1990 WL 20133
...We direct said judge to conduct a hearing to set reasonable bail for petitioner’s release, or in the alternative, should the trial judge determine that pretrial detention is appropriate, to set forth the findings in writing which satisfy the requirements of section 907.041, Florida Statutes (1987) for pretrial detention....
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 188058
...t; and (2) that there were no conditions of release sufficient to protect the community from the risk of physical harm. However, the respondent concedes that the state failed to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b)....
CopyPublished | Supreme Court of Florida
defendant may be detained pending a hearing. §
907.041(4)(f), Fla. Stat. (2021). This rule, applicable
CopyPublished | Florida 3rd District Court of Appeal
...At an
Arthur hearing, the burden falls on the accused to demonstrate the
appropriateness of release on bond. 3 Hernandez v. Junior, 46 Fla. L. Weekly
D2572 at *2 (Fla. 3d DCA Dec. 1, 2021).
3
As explained in State v. Dixon,
217 So. 3d 1115, 1123–24 (Fla. 3d DCA
2017), section
907.041(3)(a), Florida Statutes provides that, while there
exists “a presumption in favor of release on nonmonetary conditions for any
person who is granted pretrial release,” that presumption is limited to persons
not charged with a dangerous crime....
...1st DCA 2004).
Finding no objection on that basis in the record on appeal, we conclude that
the language of section
777.011 clearly encompasses the Petitioner’s acts
of shooting into a crowd and a co-defendant unintentionally killing a
and assure the integrity of the judicial process. See §
907.041(1), (3)....
...on reasonable conditions, and shifts the burden to the defendant, who still
has the option of proving certain facts that permit the court to use its
discretion to grant pretrial release under sufficient conditions. Reeves v.
Nocco,
141 So. 3d 775, 776 (Fla. 2d DCA 2014); see also §
907.041, Fla.
Stat....
...the proof of guilt is evident or the presumption of guilt is great, the defendant
may seek pretrial release by virtue of the judge’s discretionary power to set
a bond. See Arthur,
390 So. 2d 717, 718. The burden is on the defense,
using the criteria set forth in section
907.041 to show that conditions exist
that would assure the defendant’s presence at trial if released on bond....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 3893
...the court must
find that the failure to appear was willful. State v. Blair,
39 So. 3d 1190, 1191
(Fla. 2010). The trial court did not make a finding of willfulness.
Further, the trial court failed to make the additional finding required by
section
907.041, Florida Statutes (2016), which provides in pertinent part:
(c) The court may order pretrial detention if it finds a substantial
probability, based on a defendant's past and present patterns of
behavior, the criteria in s....
...t 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.
§ 907.041(4)(c)7., Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 503, 2005 Fla. LEXIS 1364, 2005 WL 1530349
Because, in State v. Raymond,
906 So.2d 1045 (Fla.2005), also issued today, the Court finds section
907.041(4)(b), Florida Statutes (2000), unconstitutional, and because the Legislature repealed portions of Florida Rules of Criminal Procedure 3.131 and 3.132 which require trial judges to consider nonmonetary pretrial release at the first ap...
...ease. Therefore, the Court temporarily readopts rules 3.131 and 3.132 in their entirety and will publish the rules in The Florida Bar News for comment concerning whether they should be amended to reflect the Legislature’s intent as demonstrated in section 907.041....
...Florida Legislature before it takes any final action on these rules. For that reason, the Court expressly invites the Legislature to file comments particularly addressing the policy concerns that the Legislature was attempting to address by enacting section 907.041(4)(b)....
CopyPublished | Florida 3rd District Court of Appeal
...trial, or assure the integrity of the judicial process, the accused
may be detained.
Here, it is axiomatic Ward was charged with bondable offenses. He
committed no new law violation, and the State failed to file a written motion
for pretrial detention. See § 907.041(4)(c)(5), Fla....
...forfeits his right to continued release under the original bond, but
does not forfeit altogether his constitutional right to pretrial
release. A trial court's authority to hold the defendant without
any bond is circumscribed by the provisions of section 907.041,
see State v....
...[and]
shall be held within [five] days of the filing of the motion or the
date of taking the person in custody . . . whichever is later.” Fla.
R. Crim. P. 3.132(c)(1). The defendant “is entitled to be
represented by counsel, to present witnesses and evidence and
to cross-examine witnesses.” § 907.041(4)(h). Finally, the
pretrial detention order “shall contain findings of fact and
conclusions of law to support it.” § 907.041(4)(i); Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 389, 2007 Fla. LEXIS 1103, 2007 WL 1774440
...y on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant. (4) No person charged with a dangerous crime, as defined in section 907.041(4)(a), Florida Statutes, shall be released on non-monetary conditions under the supervision of a pretrial release service, unless the service certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041(3)(b), Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 3357472
...ontinued release under the terms of that bond, it does not forfeit the constitutional right to bail altogether. State v. Paul,
783 So.2d 1042, 1050 (Fla.2001). A refusal to readmit a defendant to any bail at all must be subject to the limitations of section
907.041, the pretrial detention statute. Id. Accordingly, we grant the writ and quash the order denying Fuller’s motion to reinstate conditions of release, and remand for hearing on the motion, at which time the trial court shall consider whether pretrial detention is warranted under section
907.041, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 1816242
...reasonable conditions of pretrial release or to determine that no condition of release will protect the community, assure the presence of the petitioner or assure the integrity of the judicial process in accordance with the procedures proscribed in section 907.041(4)(c), Florida Statutes (2006)." Petition Granted....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9089, 1998 WL 406684
...The trial court has the authority to arrest and commit a defendant on pretrial release for failure to appear in court; however, refusing to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove beyond a reasonable doubt. Section 907.041, Fla....
CopyPublished | Supreme Court of Florida | 1983 Fla. LEXIS 2682
pretrial detention pursuant to the criteria in section
907.041, Florida Statutes (Supp. 1982). This is a revision
CopyPublished | Supreme Court of Florida
...st appearance
hearing, the judicial officerjudge may commit and order the offender to be brought
before the court that granted probation or community control, or may release the
offender with or without bail to await further hearing, notwithstanding section
907.041, Florida Statutes, relating to pretrial detention and release....
CopyPublished | Florida 4th District Court of Appeal
...See Fla.
Const., art. I, § 14 (“If no conditions of release can reasonably protect the
community from risk of physical harm to persons, assure the presence of the
accused at trial, or assure the integrity of the judicial process, the accused may
be detained.”); § 907.041(4)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...ce (DUI)
2
manslaughter, a second-degree felony, pursuant to section
316.193(3)(c)(3),
Florida Statutes (2020), and multiple other charges. 1 On April 19, 2021, the
State moved for pretrial detention under section
907.041(4)(c), and on April
25, 2021, Garcia moved for pretrial release on reasonable conditions.
The trial court conducted a multi-day evidentiary hearing and, on April
30, 2021, granted the State’s motion and ordered pretrial detention....
...,” including DUI
manslaughter, the statutory scheme codifies “the intent of the Legislature
that the primary consideration be the protection of the community from risk
4
of physical harm to persons.” § 907.041(1), Fla....
...n. Garcia takes issue with the finding
on two bases, one legal (subject to de novo review) and one factual (subject
to an abuse of discretion/competent substantial evidence review).
Garcia argues as a matter of law that a correct reading of section
907.041 bars a finding of threat of harm as applied to the facts in the record.
In sum, Garcia argues that the use of the conjunction “and” in section
7
907.041(4)(c), means that a court must make findings pertaining to all of the
factors separated by “and” before deeming Garcia a threat of harm to the
community....
...This
8
court must find a substantial probability of threat of harm after analyzing “past
and present patterns of behavior, the criteria in s.
903.046, and any other
relevant facts, that any of the following circumstances exist.” §
907.041(4)(c), Fla....
...This guidance supports reading “and” in context. “And” can still
mean “and” and conform with the legislative intent, without leading to the
result that Garcia suggests. In the instant statute, the phrase “based on”
begins the clause in which the “and” appears. § 907.041(4)(c), Fla....
...The trial court analyzed all the facts and noted the presence of some factors
listed in (4)(c), the absence of others, and after carefully weighing all of them,
concluded that the State met its burden of showing substantial probability.
Similarly, section 907.041(4)(c)4.a.-c....
CopyPublished | Florida 3rd District Court of Appeal
...3
know where to find him potentially.” On June 29, 2018, the instant petition was
filed.
In the petition, Mr. Sardinas contends that the State’s motion was facially
insufficient to initiate pretrial detention proceedings pursuant to section 907.041,
Florida Statutes (2018), and Florida Rule of Criminal Procedure 3.131....
...2001), the
Florida Supreme Court held that when a defendant
breaches a bond condition and his bond is revoked, the
trial court may deny the defendant's subsequent request
for a new bond, but the trial court's discretion is limited
by Florida statutes. Section 907.041(4)(c)(7) provides
that:
(c) The court may order pretrial detention if
it finds a substantial probability, based on a
defendant's past and present patterns of
behavior, the criteria in s....
...3d DCA 2014) (alterations in original).
In Bratton, the defendant’s bond was revoked for failing to appear for a
pretrial sounding after receiving notice. Id. at 1159. The defendant contended he
was “entitled to a full hearing and findings by the trial court pursuant to sections
907.041 and
903.046, Florida Statutes (2014)[.]” Id....
CopyPublished | District Court of Appeal of Florida
further proceedings and enters an order under section
907.041(5)(c), Florida Statutes. No costs or charges
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 648, 2015 WL 249322
...Elijah Johnson petitions for a writ of habeas corpus following the entry of a circuit court order granting the State’s motions to revoke bond and for pretrial detention. The petition raises several procedural issues under Florida Rules of Criminal Procedure 3.131 and 3.132 and section 907.041, Florida Statutes (2014)....
...The State cited that portion of Rule 3.131(a) pertaining to offenses punishable by life imprisonment (as here) in which proof of guilt is evident and the presumption great. The following day, the State filed a “motion for pretrial detention” under Rule 3.132 and section
907.041, Florida Statutes (2014), alleging a factual basis for pretrial detention under the criteria enumerated in section
903.046, Florida Statutes (2014)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 104, 1990 WL 1088
GOSHORN, Judge. Petitioner seeks habeas relief on the basis that the trial judge erred in imposing a $50,000 bond as a “condition of release” pursuant to section 907.041(4)(i), Florida Statutes (1987). Florida Statutes, section 907.041(4)(i) provides: If ordered detained pending trial pursuant to subparagraph (b) 4., the defendant may not be held for more than 90 days....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 92317, 2014 Fla. App. LEXIS 250
...Petitioner claims he is entitled to immediate release in Osceola County Case No. 12-793 because section
903.0471 does not apply to defendants who have been released because of a finding of incompetence. We agree. Section
903.0471 provides: Violation of condition of pretrial release — Notwithstanding section
907.041 [the pretrial detention and release statute], a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that defendant committed a new crime while on pretrial release....
CopyPublished | District Court of Appeal of Florida
at 759 (citing Fla. R. Crim. P. 3.132(c)(2); §
907.041(4)(i), Fla. Stat. (2008)); see also Fla. R. Crim
CopyPublished | Florida 3rd District Court of Appeal
...MILLER, J.
Petitioner, Orlando Chillon Hernandez, seeks a writ of habeas corpus
granting his release from the Dade County Jail under the supervision of an
approved pretrial service program. The trial court denied nonmonetary
release because section 907.041(5)(b), Florida Statutes (2023), prohibits
granting such release to alleged perpetrators of domestic violence at a first
appearance hearing. Hernandez contends section 907.041(5)(b) is
indistinguishable from its predecessor, section 907.041(4)(b), which was
invalidated as unconstitutionally infringing upon the rulemaking authority of
the Florida Supreme Court in State v....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1918, 1992 WL 38325
...CURIAM. By petition for writ of habeas corpus, Lowe seeks review of an order of the trial court committing him to pretrial confinement without bond. The trial court did not make oral or written findings of fact and conclusions of law as required by section 907.041(4)(h), Florida Statutes (1991), and rule 3.132(c)(2), Florida Rules of Criminal Procedure....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 71, 2007 Fla. LEXIS 129, 2007 WL 268773
...BACKGROUND The Legislature in 2000 passed a law that provided that “[n]o person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing.” See ch. 2000-178, § 2, at 1906, Laws of Fla. (amending section 907.041(4)(b), Fla....
...After reviewing the comments and the committee’s proposals, we adopt the proposals filed by the committee, with the exception noted below. The major substantive changes are discussed below. AMENDMENTS Chapter 2000-178, Laws of Florida, added new subsection (3)(b) to section 907.041, Florida Statutes (1999): (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: [various specific circumstances concerning the accused’s background]. The law also added new subsection (4)(b) to section 907.041: (b) No person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing; however, the court shall retain the discretion to release an accused on electronic monitoring or on recognizanc...
...on the record of facts and circumstances warrant such a release. In response to the above statutory changes, the committee proposes that new subdivision (b)(2) be added to rule 3.131: *733 (2) No person charged with a dangerous crime, as defined in section 907.041(4)(a), Florida Statutes, shall be granted nonmonetary pretrial release at a first appearance hearing....
...rt is considering releasing a defendant charged with a dangerous crime on nonmonetary conditions under the supervision of a pretrial release service, the court must receive and consider the certification of a pretrial release service, as provided in section 907.041(3)(b), Florida Statutes. We note, however, that the House in its comment to the Court states that the Legislature’s main concern in enacting section 907.041(4)(b) was to delay the release on nonmonetary conditions under the supervision of pretrial services of a person charged with a dangerous crime until the certification process required in section 907.041(3)(b) could be completed. In light of this stated purpose, and in light of the plain language of subsection (3)(b), we amend subdivision (b)(4) of rule 3.131 to read as follows: (4) No person charged with a dangerous crime, as defined in section 907.041(4)(a), Florida Statutes, 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 the conditions set forth in section 907.041(3)(b), Florida Statutes....
...We make this change in lieu of the proposals submitted by the committee, and we note that this amendment is consistent with the gist of the proposal submitted by the House. As to rule 3.132, the committee proposes that subdivision (d) be deleted. The committee points out that this subdivision is based on former section 907.041(4)(i), Florida Statutes (1999), which was removed in 2000....
...dy on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant. (4)No person charged with a dangerous crime, as defined in section 907.041(4)(a), Florida Statutes, shall be released on non-monetary conditions under the supervision of a pretrial release service, unless the service certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041(3)(b), Florida Statutes....
...(§)(6) Information stated in, or offered in connection with, any order entered pursuant to this rule need not strictly conform to the rules of evidence. (c) — (I) [No change] RULE 3.132. PRETRIAL DETENTION (a) Motion Piled at First Appearance. A person arrested for an offense for which detention may be ordered under section 907.041, Florida Statutes, shall be taken before a judicial officer for a first appearance within 24 hours of arrest....
...of rule 3.133 and the person has been released from custody, the person may be recommitted to custody pending a final hearing on pretrial detention. (b) — (c) [No change] (d)-Length- of Detention, — B—ordered detained-pending trial pursuant-to-section 907.041(d)(b);-Florida Statutes, the defendant may not be held more-than 90 days....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 19489, 2003 WL 22989021
PER CURIAM. Patrick A. Young petitions this court for a writ of habeas corpus. Young is being held without bond on a charge of aggravated stalking, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002)....
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 12457, 1994 WL 708174
...ease either respondent on bond. The trial judge expressly ruled, however, that a court is bound to set bail for any defendant, even one charged with a first degree felony punishable by life unless the state makes the specialized showing contained in section 907.041(4)(b), Florida Statutes....
...This erroneous ruling constitutes a departure from the essential requirements of law requiring issuance of the writ. In Mininni , the trial court determined that the proof of guilt was neither evident nor the presumption great. The only mention of section 907.041 in the opinion appears where the district court noted that it had never been suggested that the pretrial detention provisions of section 907.041 applied....
...ail in cases where the charge is a first degree felony punishable by life. In State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990), the district court rejected the position that the discretion to deny bail had been removed absent proof of the factors in section
907.041(4)(b). The court held that *1052 “the criteria for denying bail set forth in section
907.041 are complementary to, and do not replace, the discretion of the court to deny bail, recognized in State v....
...e the lower court never found that the proof of guilt was evident or the presumption great. Nonetheless, the trial judge did state in that ease that he had no discretion to deny bail unless the state could present evidence to fulfill the criteria of section 907.041....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 17992, 2015 WL 7750034
...We granted relief in
a previous order and remanded to the trial court with directions to determine a
reasonable bond and provide for Norton-Nugin's pretrial release with special conditions
to ensure the safety of the community and her children. See § 907.041(3)(a), (4)(b),
Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 12244, 2014 WL 3883413
...We
agree.
A review of the transcript reveals that, although the trial court did make a
finding that Mendoza wilfully violated a condition of pretrial release by his failure
2
to appear for trial, it failed to make the additional finding required under section
907.041(4), which provides in pertinent part:
(c) The court may order pretrial detention if it finds a substantial
probability, based on a defendant's past and present patterns of
behavior, the criteria in s....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11441, 2004 WL 1737234
...The question is whether the defendant’s crime is among those for which expungement is prohibited. The relevant part of the statute allows expungement if it is determined: 3. That the criminal history record does not relate to ... a violation enumerated in s.
907.041 where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense ... without regard to whether adjudication was withheld. Id. §
943.0585(2)(a)3. (emphasis added). Section
907.041, Florida Statutes, is the pretrial detention statute. It contains a listing of “dangerous crimes.” Id. §
907.041(4)(a). Among these is an “[a]ct of domestic violence as defined in s.
741.28 ....Ӥ
907.041(4)(a)18., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 12222, 2001 WL 902487
...reevaluating Homerding’s entitlement to a reasonable bail. The case is remanded with direction that the trial court reinstate the initial bond. 2 POLEN, C.J., STONE and STEVENSON, JJ., concur. . We note that the 2000 amendments to Florida Statutes section 907.041 are not applicable to Homerding....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
...24 Opinion of the Court 20-11994
clearly do so when there is probable cause to believe
that a person has committed a serious crime of vio-
lence against another. Cf. § 907.041(4)(c)5., Fla....
CopyPublished | Florida 6th District Court of Appeal
...accused may be detained.
Art. I, § 14, Fla. Const. Several amendments to the primary statute governing pretrial
release and detention in Florida took effect shortly before Defendant’s arrest.
Among the changes was the addition of a new subsection to section 907.041, now
located at section 907.041(5)(d), Florida Statutes. 1 Section 907.041(5)(d) states:
1
This new subsection was added as subsection (4)(d) of Section 907.041
pursuant to a bill signed into law by the Governor on May 1, 2023....
...the presence of the defendant at trial, or assure the integrity of the
judicial process, the court must order pretrial detention.
After Defendant’s arrest, the State filed a motion for pretrial detention
pursuant to newly enacted section 907.041(5)(d), which the trial court granted after
an evidentiary hearing. Both at the hearing and in his petition, Defendant argues
that section 907.041(5)(d) violates article I, section 14 of the Florida Constitution in
two ways.
Defendant first argues in his petition that section 907.041(5)(d) violates article
I, section 14 of the Florida Constitution by stating that under certain circumstances
“the state attorney, or the court on its own motion, shall motion for pretrial
detention.” Defendant believes this new...
...That amendment was not in effect during the proceeding below.
3
reasons, while requiring a motion to be filed mandates that a hearing will be held, it
does not affect the presumption that applies at the hearing.
Second, Defendant argues that section 907.041(5)(d) impermissibly lowers
the burden the State must carry to establish that a defendant should be subject to
pretrial detention by requiring the State to prove only a “substantial probability” of
the statutory requirements, wh...
...the second category was set by the
Legislature as “substantial probability” long before this current controversy, and
“substantial probability” was the level of proof in place when the Florida Supreme
Court stated that a prior version of section
907.041, “fully[] comport[ed] with the
Florida Constitution.” Paul,
783 So. 2d at 1052. Accordingly, we also reject
Defendant’s argument that section
907.041(5)(d) violates article I, section 14 by
allowing a basis for pretrial detention to be established by a level of proof lower than
“the proof of guilt is evident or the presumption is great.”2
Nevertheless, we find that the trial court failed to follow the statute, which at
all relevant times has required that a trial court’s order on a motion for pretrial
detention contain both “findings of fact and conclusions of law to support it.”
§
907.041(5), Fla....
...vidence presented to him at the
subsequent hearing over which he presided. See Helveston v. State,
193 So. 3d 1004,
1005 (Fla. 2d DCA 2016); L.S. v. State,
593 So. 2d 296, 297 (Fla. 5th DCA 1992).
Because the trial court did not comply with section
907.041 in granting the
State’s motion for pretrial detention, we grant Defendant’s petition, quash the trial
court’s orders on the motion for pretrial detention and the motion for pretrial release,
and order the trial court to condu...
...MIZE, J., concurring specially.
I fully concur in the court’s opinion, but I would add a bit more detail to the
analysis.
6
Background and Procedural History
Prior to January 1, 2024, Section 907.041(5), Florida Statutes, left the decision
of whether to seek pretrial detention of a criminal defendant to the State Attorney
handling the case, and left the decision of whether to order pretrial detention, even
when a basis for pretrial detention was established, to the trial court presiding over
the case. 3 Nothing in the statute required the State Attorney to seek pretrial
detention, and Section 907.041(5)(c) provided that a trial court “may” order pretrial
detention if it found a substantial probability that any one of certain criteria set forth
in the statute was met. § 907.041(5)(c), Fla....
...made a number of
changes to the statutes governing pretrial detention and release. Ch. 2023-27, Laws
of Fla. The law took effect on January 1, 2024. Among the changes was the addition
3
Prior to October 1, 2023, subsection (5) of Section 907.041 was numbered
as subsection (4). See note 4, infra.
7
of a new subsection to Section 907.041, now located at Section 907.041(5)(d).4
Section 907.041(5)(d) states:
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 c...
...isk 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.
The primary changes resulting from the addition of this provision to Section
907.041 are: (1) if a defendant is arrested for a dangerous crime 5 that is a capital
felony, a life felony, or a felony of the first degree, and the trial court determines that
there is probable cause to believe that the defendant committ...
...Attorney, or the trial court on its own motion, is now required to motion for pretrial
detention of the defendant; and (2) when either the State Attorney or the court
4
The bill cited above added this new subsection as subsection (4)(d) of
Section 907.041....
...The statute was later amended again pursuant to a bill signed into law
by the Governor on May 6, 2024. Ch. 2024-157, § 1, Laws of Fla. That amendment
was not in effect during the proceeding below and would not impact this opinion if
it had been.
5
Section 907.041(5)(a) sets forth a list of the crimes that qualify as a
“dangerous crime.”
8
motions for pretrial detention under Section 907.041(5)(d), and the court finds a
substantial probability that the defendant committed the offense and that no
conditions of release or bail will reasonably protect the community from risk of
physical harm, ensure the presence of the de...
...deputies arrested Defendant for the
charge of Aggravated Child Abuse. The charge stemmed from injuries Defendant
allegedly inflicted upon his stepson (“Stepson”). On April 13, 2024, the State filed
a motion for pretrial detention pursuant to Section 907.041(5)(d)....
...of release or bail would reasonably protect the community from risk of physical
harm, ensure the presence of Defendant at trial, or assure the integrity of the judicial
process.
6
The motion for pretrial detention specifically stated that it was filed pursuant
to Section 907.041(5)(d), Florida Statutes.
9
The judge that heard and decided the State’s motion for pretrial detention was
not the division judge assigned to the case....
...direct the trial court to set reasonable conditions of release for Defendant pending
his trial.
Analysis
I. Article V, Section 2 of the Florida Constitution
As noted in the court’s opinion, Defendant asserts that Section 907.041(5)(d)
violates Article V, Section 2 of the Florida Constitution, which states in pertinent
part: “The supreme court shall adopt rules for the practice and procedure in all courts
. . .” However, that argument is not preserved for our review because Defendant did
not raise it in the trial court below. At neither hearing held below nor in any of
Defendant’s written filings in the trial court did Defendant argue that Section
907.041(5)(d) violates Article V, Section 2....
...2d 1101, 1105 (Fla.
1st DCA 1994) (internal quotations omitted)). In reviewing a trial court’s order, we
must not consider an argument that was never made to and never considered by the
trial court. Because Defendant did not argue to the trial court that Section
907.041(5)(d) violates Article V, Section 2 of the Florida Constitution, that argument
is not preserved for our review and the court appropriately does not consider it.
II. Article I, Section 14 of the Florida Constitution
Defendant did preserve his argument that Section 907.041(5)(d) violates
Article I, Section 14 of the Florida Constitution. However, it does not.7
Article I, Section 14 provides:
7
While Defendant asserts in his Petition that Section 907.041(5)(d) violates
Article I, Section 14 “on its face and as applied to this case,” nothing in his actual
argument made below or in his Petition concerns the statute’s specific application to
Defendant’s case, as opposed to how the statute applies to all criminal defendants.
Defendant’s arguments, which are each discussed herein, concern only purported
facial constitutional infirmities in the statute. Therefore, I treat Defendant’s
challenge to the constitutionality of Section 907.041(5)(d) under Article I, Section
14 as a facial challenge and consider only the text of the statute, not the statute’s
specific application to a particular set of circumstances....
...ution by
an amendment effective January 1, 1983, following the passage of a ballot initiative
in the election of November 1982. State v. Paul,
783 So. 2d 1042, 1045 (Fla. 2001).
Following the ratification of the amendment, the Legislature enacted Section
907.041, which “implement[s] the trial court’s discretion to impose pretrial detention
within the limits of Article 1, Section 14.” Parker v. State,
843 So. 2d 871, 877 (Fla.
2003) (quoting Parker v. State,
780 So. 2d 210, 212 (Fla. 4th DCA 2001) (quoting
Barns v. State,
768 So. 2d 529, 532-33 (Fla. 4th DCA 2000))). The Florida Supreme
Court has described Section
907.041 as containing “detailed and specific criteria for
determining when a person may be detained prior to trial” and as constituting a
“comprehensive and specific framework setting forth the multiple circumstances
under which trial courts may act to deny bail and order pretrial detention.” Paul,
783
So. 2d at 1052. The Florida Supreme Court further stated that Section
907.041 “fully
529, 538 (Fla....
...courts have been guided in determining whether to deny bail.” Id. at 1052; see also
Alcazar v. State,
349 So. 3d 930, 934 (Fla. 3d DCA 2022) (“The Florida Legislature
has provided comprehensive guidelines for when an original application for bail may
be denied as codified in section
907.041, Florida Statutes.” (quoting State v. Blair,
39 So. 3d 1190, 1192 (Fla. 2010) (internal quotations omitted))).
Turning to the addition of Section
907.041(5)(d) to the statute, Defendant
makes two arguments in support of his assertion that this new provision violates
Article I, Section 14. First, Defendant argues that Section
907.041(5)(d) vitiates the
constitutional presumption in favor of pretrial release for a person charged with a
first-degree felony that is not punishable by life imprisonment. Defendant asserts
that instead, Section
907.041(5)(d) creates a presumption in favor of pretrial
detention for such persons by requiring the State Attorney or the trial court to motion
for pretrial detention....
...reasonable conditions unless “no conditions of release can reasonably protect the
community from risk of physical harm to persons, assure the presence of the accused
14
at trial, or assure the integrity of the judicial process.” Section 907.041(5)(d), on its
face, does not require or allow a person to be detained unless this exact requirement
is affirmatively established by the State8 and found by the court to be satisfied....
...person will be granted pretrial release on reasonable conditions unless “no
conditions of release can reasonably protect the community from risk of physical
harm to persons, assure the presence of the accused at trial, or assure the integrity of
the judicial process.” Section 907.041(5)(d) complies with this presumption to the
letter.
Defendant next argues that Section 907.041(5)(d) allowing the basis for
pretrial detention to be established by only a “substantial probability” impermissibly
lowers the burden the State must carry to establish that a defendant should be subject
to pretrial detention. Specifically, Defendant asserts that Article I, Section 14
permits a person charged with a crime to be detained prior to trial only when “the
Section 907.041(5)(h) provides that “[t]he state attorney has the burden of
8
showing the need for pretrial detention.”
15
proof of guilt is evident or the presumption is great,” a standard t...
...with which a defendant may be charged, not just crimes punishable by death or life
imprisonment. See id.
Article I, Section 14 does not specify the level of proof by which its second
exception must be established. However, prior to the addition of subsection (5)(d)
to Section 907.041, the statute already permitted a defendant to be detained prior to
trial if a court found by a substantial probability that a basis for pretrial detention
existed. § 907.041(5)(c), Fla. Stat. (2023). 9 This is the standard of proof that was in
place to decide a motion for pretrial detention when the Florida Supreme Court
conducted a detailed analysis of Section 907.041 and stated it “fully comports with
9
Prior to October 1, 2023, this subsection was numbered as Section
907.041(4)(c)....
...If probable cause is a sufficient standard of proof for
denying a defendant pretrial release under Article I, Section 14, then the higher
standard of “substantial probability” likewise must be sufficient.
For these reasons, I reject Defendant’s argument that Section
907.041(5)(d)
violates Article I, Section 14 by allowing a basis for pretrial detention to be
established by a “substantial probability.”
10
The Florida Supreme Court found that Section
903.0471, which allows a
trial...
...So.
2d at 878. The Court reasoned that “the commission of a crime by a pretrial releasee
unquestionably impugns the integrity of the judicial process.” Id.
18
III. The trial court’s compliance with Section 907.041
The amendment to Section 907.041 did not change the requirements for a trial
court’s order granting a motion for pretrial detention....
...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.
§ 907.041(5)(l), Fla. Stat. (2024) 11; § 907.041(5)(i), Fla....
...24, 2023).
Defendant is correct that the trial court did not comply with these requirements
in granting the State’s motion for pretrial detention. A trial court’s order on a motion
for pretrial detention must contain both “findings of fact and conclusions of law to
support it.” § 907.041(5)(l), Fla....
...The judge that heard and granted
the motion for pretrial detention did not make any findings of fact. While the
11
From January 1, 2024 to May 5, 2024, which is the time period during which
the hearing on the motion for pretrial detention was conducted below, this provision
was numbered as Section 907.041(5)(k). Effective May 6, 2024, this provision is
now numbered as Section 907.041(5)(l). The text of the provision remains the same.
12
Prior to October 1, 2023, this provision was numbered as Section
907.041(4)(i). See note 4, supra. From October 1, 2023 to December 31, 2023, this
provision was numbered as Section 907.041(5)(i).
13
See note 11, supra.
19
generalized statement that, “I have no qualms concluding that the State has met its
burden” may constitute a conclusion of law, it is not...
...second hearing concerning whether Defendant committed the charged offense, and
neither party presented any evidence at that hearing concerning whether conditions
of release or bail would reasonably protect the community from risk of physical
harm. See § 907.041(5)(h), Fla....
...support the trial court's findings of fact.”).
In sum, no hearing occurred in this case in which a judge heard evidence on
the issues material to the motion for pretrial detention and then made a ruling based
on that evidence that complied with Section 907.041(5)(l).14 Defendant is correct
that the trial court did not comply with the statute.
Conclusion
The court properly did not consider Defendant’s argument that Section
907.041(5)(d) violates Article 5, Section 2 of the Florida Constitution because
Defendant did not make that argument to the trial court below and it is not preserved
for our review. Having considered Defendant’s remaining arguments, I agree with
14
See note 11, supra.
21
the court’s conclusion that Section 907.041(5)(d) does not violate Article I, Section
14 of the Florida Constitution. However, Defendant is correct that the trial court did
not comply with Section 907.041 in granting the State’s motion for pretrial
detention....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 12547, 2005 WL 1923419
...The circuit court denied their petition, ruling in part as follows: 4. The Petitioners are each currently incarcerated in the Citrus County Detention Facility on five counts of aggravated child abuse, maliciously punish, and one count of aggravated child abuse, torture. Pursuant to Fla. Stat. § 907.041 (4)(a), child abuse or aggravated child abuse is defined as a “dangerous crime” for purposes of pretrial detention. Pursuant to Fla. Stat. § 907.041 (4)(c)(5), the Court may order pretrial detention if it finds a substantial probability that a defendant poses a threat of harm to the community....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 8958, 1992 WL 197863
...ly committed while the defendant is already on release pending resolution of another criminal proceeding. The court did not find that petitioner is unlikely to appear in court for further proceedings. The trial court’s stated policy is contrary to section 907.041, Florida Statutes (1991)....
...We also note that the state’s reliance on rule 3.131(f), Florida Rules of Criminal Procedure, is misplaced, as that rule is applicable only after trial has begun. Also, the dicta in Harp v. Hinckley,
410 So.2d 619 (Fla. 4th DCA1982), upon which the state relies was superseded by section
907.041, Florida Statutes (1991)....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 8934, 1992 WL 197851
...Petitioner filed a petition for writ of ha-beas corpus seeking review of the trial court’s order revoking his pretrial bond. Petitioner contends and the state concedes that petitioner does not meet the requirements for pretrial detention pursuant to section 907.041(4)(b)4, Florida Statutes (1991)....
CopyPublished | Supreme Court of Florida
...d a report
proposing amendments to Florida Rule of Criminal Procedure 3.132
(Pretrial Detention). 1 The report was in response to a referral letter
from the Court asking the CCSC to consider amendments to rule
3.132 in light of recent changes to section 907.041, Florida
Statutes....
...We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140.
the CCSC in its response to comments, with slight modification. As
rewritten today, the rule requires that a person arrested for a
dangerous crime as defined by section 907.041 must not be
released from jail before first appearance....
...TIONS
AND PROCEEDINGS DURING AND AFTER COVID-19 NOTE
[No Change]
RULE 3.132. PRETRIAL DETENTION
(a) Motion Filed at First Appearance. A person arrested
for an offense for which detention may be ordered under section
907.041, Florida Statutes, shall be taken before a judicial officer
for a first appearance within 24 hours of arrest....
...son in custody
pursuant to a motion for pretrial detention, whichever is later.
-6-
The state attorney has the burden of showing beyond a
reasonable doubt the need for pretrial detention pursuant to the
criteria in section 907.041, Florida Statutes....
...attorney general and the state attorney; if review is taken to the
circuit court, service shall be on the state attorney.
-7-
(a) First Appearance Required for Dangerous Crimes.
A person arrested for a dangerous crime listed in section
907.041, Florida Statutes, must not be released from jail before
his or her first appearance.
(b) Contents of Motion....
...A motion for pretrial detention may
be filed any time before trial.
(d) Time for Hearing. If a judge determines there is probable
cause to believe the defendant committed a capital felony, a life
felony, or a first-degree felony, listed as a dangerous crime in section
907.041, Florida Statutes, a pretrial detention hearing must be held
within 5 days after first appearance, or, if there is no first
appearance, within 5 days after arraignment....
...The state may not be granted more than one
continuance.
(f) Custody; Release Conditions.
(1) Dangerous Crime. At first appearance, a judge
must not grant nonmonetary pretrial release if there is probable
cause to believe the defendant committed a dangerous crime listed
in section 907.041, Florida Statutes. After first appearance and
after a finding of probable cause, a person arrested for a
dangerous crime listed in section 907.041, Florida Statutes, may
not be released on nonmonetary conditions under the supervision
of a pretrial release service unless the service certifies to the court
-8-
that it has investigated or otherwise verified the conditions set
forth in section 907.041(3)(b), Florida Statutes.
(2) Pretrial Detention Motion Filed at First Appearance.
The defendant may be held in custody pending the completion of a
detention hearing if there is probable cause for the arrest and if
the sta...
...e its Intent to
Move for Pretrial Detention. If there is probable cause for the
arrest, a defendant may be held in jail for up to 4 days if the state
informs the judge at first appearance that it intends to file a
motion for pretrial detention under section 907.041, Florida
Statutes....
...(4) State Does Not Announce Intent to Move for Pretrial
Detention at First Appearance. If there is probable cause for the
arrest and if the state does not inform the judge at first
appearance that it intends to file a motion for pretrial detention
under section 907.041, Florida Statutes, the judge must
determine conditions of release or continued detention under rule
3.131.
(5) Pretrial Detention Motion Filed After First
Appearance....
...an order to appear or a warrant. The defendant may be held in
custody pending the completion of the detention hearing if he or
she were arrested on a warrant issued under this subdivision. For
a defendant out of custody, if the state is pursuing pretrial
detention under section 907.041, Florida Statutes, the state does
not need to show good cause as required by rule 3.131(d).
(6) Bail Pending Hearing....
...Oaths must be administered in accordance with
Florida Rule of General Practice and Judicial Administration
2.530.
(k) Burden of Proof. The state bears the burden of proving
the need for pretrial detention under the substantial probability in
section 907.041, Florida Statutes.
(l) Order.
(1) Hearing Required....
...hearing.
(3) Mandatory Detention Order. The judge must order
pretrial detention if the judge finds a substantial probability the
defendant committed a capital felony, a life felony, or a first-
degree felony, listed as a dangerous crime in section
907.041,
Florida Statutes, and based on the defendant’s past and present
patterns of behavior, consideration of the criteria in section
903.046, Florida Statutes, and any other relevant facts, that no
conditions of release or bail will reas...
...t
eliminated the basis for detention.
Criminal Court Steering Committee Note
2025 Amendment. Rule 3.132 was substantially revised to
reflect chapters 2023-27 and 2024-157, Laws of Florida. Rule
3.132 applies to pretrial detention under section 907.041, Florida
Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 1494001, 2017 Fla. App. LEXIS 6003
...automatically be released on their own recognizance on the 40th day
unless the state files formal charges by that date.
In no event shall any defendants remain in custody beyond 40 days
unless they have been formally charged with a crime.
Section 907.041(3)(a), Florida Statutes (2016), explains that, while there
exists “a presumption in favor of release on nonmonetary conditions for any person
who is granted pretrial release,” the statute limits that presumption to persons not...
...its intent that such persons be held on
pretrial detention or released on monetary conditions that will assure the presence
of the person at trial and other proceedings, protect the community, and assure the
integrity of the judicial process. See § 907.041(1), (3).
2 Section 907.041(4)(a) defines a “dangerous crime” as including the following
offenses:
1....
...releasing defendants as previously discussed in this opinion. Additionally, the
State seeks a writ of mandamus to require the trial judge to afford the State with a
hearing on its motion for pretrial detention and for consideration of the factors
provided in section 907.041, Florida Statutes.3
In appellate case number 3D17-159, the State seeks a writ of prohibition
prohibiting the trial judge from imposing his stated policy of releasing defendants
ROR or on de minimis conditions, such as a $...
...Dixon, we grant the petition for writ of
certiorari, quash the January 9, 2017 order denying pre-trial detention, and remand
for reassignment of Matienzo’s cases to another judge. Because we are confident
that upon the trial judge’s consideration of this opinion, the trial judge will comply
with sections
903.046, and
907.041, and rules 3.131 and 3.134, we deny the
petition seeking a writ to prohibit the trial judge from imposing his previously
stated policy in future cases.
CONCLUSION
3 Based on our ruling on the petition fo...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 978, 1986 Fla. App. LEXIS 9014
...a child under 16 years of age. By an earlier order, the circuit court refused to set bail and this court granted a writ of habeas corpus, instructing the lower tribunal to either set bail or show that petitioner was not entitled to bail pursuant to section 907.041, Florida Statutes, (1985)....
...*567 Bradwell’s petition first attacks the failure of the state to petition for pretrial detention and the sufficiency of the evidence to support the trial court’s findings. We find it unnecessary to reach those issues because the order, on its face, does not comply with section 907.041(4)....
CopyPublished | Supreme Court of Florida
...d a report
proposing amendments to Florida Rule of Criminal Procedure 3.132
(Pretrial Detention). 1 The report was in response to a referral letter
from the Court asking the CCSC to consider amendments to rule
3.132 in light of recent changes to section 907.041, Florida
Statutes....
...& Jud. Admin. 2.140.
on February 6, 2025, we hereby amend rule 3.132 as proposed by
the CCSC in its response to comments, with slight modification. As
rewritten today, the rule requires that a person arrested for a
dangerous crime as defined by section 907.041 must not be
released from jail before first appearance....
...TIONS
AND PROCEEDINGS DURING AND AFTER COVID-19 NOTE
[No Change]
RULE 3.132. PRETRIAL DETENTION
(a) Motion Filed at First Appearance. A person arrested
for an offense for which detention may be ordered under section
907.041, Florida Statutes, shall be taken before a judicial officer
for a first appearance within 24 hours of arrest....
...son in custody
pursuant to a motion for pretrial detention, whichever is later.
-6-
The state attorney has the burden of showing beyond a
reasonable doubt the need for pretrial detention pursuant to the
criteria in section 907.041, Florida Statutes....
...attorney general and the state attorney; if review is taken to the
circuit court, service shall be on the state attorney.
-7-
(a) First Appearance Required for Dangerous Crimes.
A person arrested for a dangerous crime listed in section
907.041, Florida Statutes, must not be released from jail before
his or her first appearance.
(b) Contents of Motion....
...A motion for pretrial detention may
be filed any time before trial.
(d) Time for Hearing. If a judge determines there is probable
cause to believe the defendant committed a capital felony, a life
felony, or a first-degree felony, listed as a dangerous crime in section
907.041, Florida Statutes, a pretrial detention hearing must be held
within 5 days after first appearance, or, if there is no first
appearance, within 5 days after arraignment....
...The state may not be granted more than one
continuance.
(f) Custody; Release Conditions.
(1) Dangerous Crime. At first appearance, a judge
must not grant nonmonetary pretrial release if there is probable
cause to believe the defendant committed a dangerous crime listed
in section 907.041, Florida Statutes. After first appearance and
after a finding of probable cause, a person arrested for a
dangerous crime listed in section 907.041, Florida Statutes, may
not be released on nonmonetary conditions under the supervision
of a pretrial release service unless the service certifies to the court
-8-
that it has investigated or otherwise verified the conditions set
forth in section 907.041(3)(b), Florida Statutes.
(2) Pretrial Detention Motion Filed at First Appearance.
The defendant may be held in custody pending the completion of a
detention hearing if there is probable cause for the arrest and if
the sta...
...e its Intent to
Move for Pretrial Detention. If there is probable cause for the
arrest, a defendant may be held in jail for up to 4 days if the state
informs the judge at first appearance that it intends to file a
motion for pretrial detention under section 907.041, Florida
Statutes....
...(4) State Does Not Announce Intent to Move for Pretrial
Detention at First Appearance. If there is probable cause for the
arrest and if the state does not inform the judge at first
appearance that it intends to file a motion for pretrial detention
under section 907.041, Florida Statutes, the judge must
determine conditions of release or continued detention under rule
3.131.
(5) Pretrial Detention Motion Filed After First
Appearance....
...an order to appear or a warrant. The defendant may be held in
custody pending the completion of the detention hearing if he or
she were arrested on a warrant issued under this subdivision. For
a defendant out of custody, if the state is pursuing pretrial
detention under section 907.041, Florida Statutes, the state does
not need to show good cause as required by rule 3.131(d).
(6) Bail Pending Hearing....
...Oaths must be administered in accordance with
Florida Rule of General Practice and Judicial Administration
2.530.
(k) Burden of Proof. The state bears the burden of proving
the need for pretrial detention under the substantial probability
standard in section 907.041, Florida Statutes.
(l) Order.
(1) Hearing Required....
...hearing.
(3) Mandatory Detention Order. The judge must order
pretrial detention if the judge finds a substantial probability the
defendant committed a capital felony, a life felony, or a first-
degree felony, listed as a dangerous crime in section
907.041,
Florida Statutes, and based on the defendant’s past and present
patterns of behavior, consideration of the criteria in section
903.046, Florida Statutes, and any other relevant facts, that no
conditions of release or bail will reas...
...t
eliminated the basis for detention.
Criminal Court Steering Committee Note
2025 Amendment. Rule 3.132 was substantially revised to
reflect chapters 2023-27 and 2024-157, Laws of Florida. Rule
3.132 applies to pretrial detention under section 907.041, Florida
Statutes....
CopyPublished | Florida 5th District Court of Appeal
...At the time of his arrest, he was out on bond on an earlier domestic battery charge. At his initial appearance on the new charges, the first appearance judge ordered Rodriguez to be held without bond on the new charges and revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime....
CopyPublished | Florida 3rd District Court of Appeal
...at trial, or assure the integrity of the judicial process.” State v. Blair,
39 So. 3d 1190,
1192 (Fla. 2010) (quoting art. I, § 14, Fla. Const.); see Williams v. State,
68 So. 3d
1010 (Fla. 4th DCA 2011). The State, properly and commendably, concedes error.
See §
907.041, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2013 Fla. App. LEXIS 6468, 2013 WL 1687853
...t an immediate hearing for the purposes of setting bond and reasonable conditions for pretrial release. The Petitioner was arrested for home invasion robbery and is being held without bond. The State filed a Motion for Pretrial Detention pursuant to section 907.041(4)(a)(12), Florida Statutes, and Florida Rule of Criminal Procedure 3.132. The court held a hearing on the motion. The Petitioner correctly points out that neither the court’s oral pronouncement, nor its written order contained any findings of fact or conclusions of law as required by rule 3.132(c)(2) and section 907.041(4)(I)....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 4983, 2002 WL 561381
...It is a statutory condition of pretrial release that “[t]he defendant refrain from criminal activity of any kind....” Id.
903.047(l)(a). In 2000, the Florida legislature enacted section
903.0471, Florida Statutes, which provides:
903.0471 Violation of condition of pretrial release. Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release. Id. (enacted by ch.2000-178, § 3, Laws of Fla.). The phrase “[n]otwithstanding s.
907.041” means that Florida’s pretrial detention statute— §
907.041—does not apply in this situation....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 5357, 2011 WL 1448125
...The trial court, however, made no actual findings 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.” This is a requirement of pretrial detention under section 907.041(4)(c)7, Florida Statutes (2010)....
...State,
15 So.3d 758, 759 (Fla. 4th DCA 2009) (“A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R. Crim. P. 3.132(c)(2); §
907.041(4)®, Fla....
