Arrestable Offenses / Crimes under Fla. Stat. 741.29
S741.29 6 - CONDIT RELEASE VIOLATION - RENUMBERED. SEE REC # 10390 - M: F
S741.29 7 - CONDIT RELEASE VIOLATION - PRE TRIAL RELEASE COND VIOL FOR DOMEST VIOL - M: F
CopyCited 311 times | Published | Supreme Court of Florida | 2000 WL 178052
...Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451, 715 N.E.2d 1062, 1101-02 (1999) (acknowledging that there likely is adequate support to overrule Hinkle on the issue of severability). [9] Curiously, the title of chapter 95-184 also provides the following: [A]mending s. 741.29, F.S.; providing legislative intent with respect to services for victims of domestic violence; amending s....
...the authority to serve or executive [sic] injunctions for protection against domestic violence to specified municipal or county law enforcement officers.... Ch. 95-184, at 1677-78. However, nowhere in chapter 95-184 did the Legislature amend either section
741.29 or section
741.30, Florida Statutes....
CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...[13] For example, the law now requires that a person arrested for domestic violence must be held until first appearance, and the court must consider the safety of the victim in determining whether the defendant should be released and in setting the defendant's bail. See § 741.2901(3), Fla....
...See §
741.30(6)(f), Fla. Stat. (1998). Law enforcement officers investigating alleged incidents of domestic violence are now required to notify the victim about the various resources of protection and the steps to take in pursuing prosecution. See §
741.29(1), Fla....
...ue Rule, 32 Ariz. L.Rev. 665 (1990)). [14] See also, e.g., §
741.281, Fla. Stat. (1997); ch. 95-195, § 19, at 1781, Laws of Fla. (requiring a person convicted of committing a crime of domestic violence to attend a batterers' intervention program); §
741.2902(1), (2), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 600712
...etween Ms. Simpson and the Department by virtue of the injunction issued by the court for her protection pursuant to the Florida Legislature's special protective measures addressing the ever-growing horrors of domestic violence in our society. See §§ 741.29.31, Fla. Stat. (1995). In enacting the domestic violence protection and injunction statutes, the legislature declared domestic violence to be an illegal act and dictated police conduct in response to domestic violence situations. § 741.29, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 461800, 2013 Fla. App. LEXIS 1931
...And, although the State was able to impeach much of Crimins’ trial testimony with evidence of prior inconsistent statements, we cannot conclude that the evidence of guilt was overwhelming or that the claim of self-defense was “extremely weak.” REVERSED and REMANDED for a new trial. AWSON and COHEN, JJ„ concur. . Section 741.29(6), Florida Statutes (2009)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1226867
...is various rights and acknowledges receiving a copy of the First Appearance Sheet with the special conditions marked, there is only the word, "Unable" written. [1] The statute that defines the crime of violation of a condition of pretrial release is section 741.29, Florida Statutes (2002), which provides: (6) A person who willfully violates a condition of pretrial release provided in s....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 336785
...etrial release; and that the Information incorrectly charged that he "did willfully violate a condition of pretrial release." Sheppard also unsuccessfully made these arguments in his Motion for Judgment of Acquittal at the close of the State's case. Section 741.29(6), Florida Statutes, defines the crime of violation of a condition of pretrial release....
...It does not create a presumption that the defendant knows that he or she is to have no contact."). Sheppard argues that because he was never arrested on the domestic battery charge and never released on pretrial release, he could not be charged with violating a condition of pretrial release under section 741.29(6). Section 741.29(6) confines the offense to instances where the defendant was originally arrested for an act of domestic violence. § 741.29(6), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16831, 2014 WL 5151324
...sticker
or stamp applied to the order, which states the following:
Petition alleges law enforcement contacted. It is reasonably
inferred there was no probable cause evidence to arrest or request
charge. F.S. 741.29(2) & (3) and F.S....
...request charges. The trial court thereby implied that because there was no arrest or
charges filed, Mrs. Pashtenko failed to present the "strong and clear" evidence
necessary to issue the injunction. The trial court also incorrectly cited to sections
741.29(2), .29(3),
901.15(7), and .15(9) which apply to domestic violence injunctions
and not injunctions for protection against stalking.
The trial court's findings under numbers six and eight are also not legal
grounds for denial of the petition....
CopyPublished | Florida 4th District Court of Appeal
...Warner,
Assistant Attorney General, West Palm Beach, for appellee.
DAMOORGIAN, J.
Richard Carl Caldwell (“Defendant”) appeals his convictions and
sentences for forty-one counts of misdemeanor violation of a condition of
pretrial release from a domestic violence charge pursuant to section
741.29(6), Florida Statutes (2019). On appeal, Defendant argues:
(1) his convictions are fundamentally erroneous because he did not violate
a condition of pretrial release within the meaning of section 741.29(6);
(2) the county court considered an impermissible sentencing factor; and
(3) the county court erred by imposing a mental health evaluation as a
special condition of probation....
...During several of the calls, Defendant
acknowledged he could get in trouble for contacting the victim due to the
no contact order. The State thereafter charged Defendant with fifty counts
of misdemeanor violation of a condition of pretrial release from a domestic
violence charge pursuant to section 741.29(6), Florida Statutes....
...The county court denied the motion. This appeal follows.
We begin our analysis by addressing Defendant’s argument that his
convictions are fundamentally erroneous because he did not violate a
condition of pretrial release within the meaning of section
741.29(6),
Florida Statutes. Section
741.29(6) defines the crime of violation of a
condition of pretrial release and provides that:
A person who willfully violates a condition of pretrial release
provided in s.
903.047, when the original arrest was for an act
of domestic violence . . . , commits a misdemeanor of the first
degree . . . .
§
741.29(6), Fla. Stat. (2019). Section
903.047, which is explicitly
referenced in section
741.29(6), sets forth the conditions of pretrial release
and provides in relevant part:
2
(1) As a condition of pretrial release, whether such release is
by surety bail bond or recognizance...
...tody
on pretrial release. . . .
§
903.047(1)(a)–(b), Fla. Stat. (2019) (emphasis added).
On appeal, Defendant argues he did not “violate a condition of pretrial
release” within the plain and ordinary meaning of the language used in
section
741.29(6). Specifically, he maintains that “[t]he plain and obvious
meaning of the phrase ‘violates a condition of pretrial release,’ in the
context of Sections
741.29(6) and
903.047, requires a defendant to post a
bond and thereby effectuate his pretrial release before he can violate a
condition of that release and commit the crime defined in Section
741.29(6).” Thus, because Defendant did not post bond to effectuate his
release, his conduct could not constitute a violation of a condition of
pretrial release. We disagree as Defendant’s interpretation of section
741.29(6) ignores and renders meaningless the language in section
903.047(1)(b) providing that “[a]n order of no contact is effective
immediately.”
“When construing the meaning of a statute, we must first look at its
plain language.” McKenzie Check Advance of Fla., LLC v....
...gless.” Unruh v. State,
669 So.
2d 242, 245 (Fla. 1996) (quoting Forsythe v. Longboat Key Beach Erosion
Control Dist.,
604 So. 2d 452, 456 (Fla. 1992)).
3
Here, because section
903.047 is referenced in section
741.29(6), both
statutes must be construed together to harmonize the statutes and give
effect to the legislature’s intent. Section
741.29(6) provides that
“[a] person who willfully violates a condition of pretrial release provided in
s.
903.047 . . . commits a misdemeanor of the first degree.” §
741.29(6),
Fla....
...pretrial release prohibiting contact with the victim. To the contrary, the
language in section
903.047(1)(b) expressly states that, “[a]n order of no
contact is effective immediately.” §
903.047(1)(b), Fla. Stat. (2019)
(emphasis added). Simply put, the plain language of sections
741.29(6)
and
903.047(1)(b) support the conclusion that a defendant can violate a
condition of pretrial release prohibiting contact with the victim before
being released from jail....
...Instruction 8.25 and the Florida Supreme Court’s interpretation of that
instruction. Instruction 8.25, which was adopted in 2014, sets forth the
elements the State must prove to convict a defendant of violating a
condition of pretrial release under section 741.29(6) as follows:
1....
...without endangering a previous order of pretrial release merely because
he had not yet complied with the conditions requires an unsupportable
anomaly in the statute, which . . . we will not approve.” Id. at 851.
Thus, although the Santiago case did not address section 741.29(6),
5
it nonetheless supports the notion that a defendant can violate the terms
of pretrial release before being released from jail.
We next address Defendant’s argument that the county...
CopyPublished | District Court, M.D. Florida | 2017 U.S. Dist. LEXIS 65448, 2017 WL 1424345
...Aggravated assault is not only a violent crime, but a felony under Florida law, see Fla. Stat. §
784.021 , and Florida’s domestic violence statutes authorize the arrest of any individual who has committed domestic violence so long as there is probable cause, see Fla. Stat. §
741.29 (3)....
CopyPublished | Supreme Court of Florida | 2014 WL 2882571
...instruction 8.25 (Violation of a Condition of Pretrial Release from a Domestic
Violence Charge). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee proposed new instruction 8.25 because there is no existing
standard instruction for the crime as defined in section 741.29(6), Florida Statutes
(2013).1 The pertinent statute provides as follows: “A person who willfully
1....
...received, from the Florida Prosecuting Attorneys Association. While the proposed
violates a condition of pretrial release provided in s.
903.047, when the original
arrest was for an act of domestic violence as defined in s.
741.28, commits a
misdemeanor of the first degree . . . .” §
741.29(6), Fla....
...Court Administrator, Tallahassee, Florida,
for Petitioner
-3-
APPENDIX
8.25 VIOLATION OF A CONDITION OF PRETRIAL RELEASE FROM A
DOMESTIC VIOLENCE CHARGE
§ 741.29(6), Fla....
...1st DCA 1987).
-4-
“Willfully” means knowingly, intentionally and purposely.
Lesser Included Offenses
VIOLATION OF A CONDITION OF PRETRIAL RELEASE FROM A
DOMESTIC VIOLENCE CHARGE—741.29(6)
CATEGORY CATEGORY FLA....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
assault upon or in the presence of a child. Section
741.29(1), F.S., requires a law enforcement officer
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
substantially the following question: Pursuant to section
741.29(2), Florida Statutes, what event initiates
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
domestic violence center in accordance with section
741.29(2), Florida Statutes?" In sum: "Information
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 32, 1997 WL 1704
...ponding to a domestic disturbance call. The catalyst for this change in law enforcement policy was the enactment of legislation which provides an officer is immune from civfi liability if the officer makes an arrest when enforcing a court order. See section 741.29(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña,
Senior Assistant Attorney General, West Palm Beach, for appellee.
ARTAU, J.
We affirm the defendant’s misdemeanor conviction for willfully violating
a condition of pretrial release, as proscribed by section 741.29(6), Florida
Statutes (2021)....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...ld abuse, or lewd, lascivious or indecent assault upon or in the presence of a child, should be excised from the copy of the report of domestic violence forwarded by a law enforcement agency to the nearest locally certified domestic violence center. Section 741.29 (1), F.S., requires a law enforcement officer investigating a domestic violence complaint to inform the alleged victim that a local domestic violence center is available from which the victim may receive services. 1 Regardless of whether an arrest is made, the officer is required to make a written police report of the incident indicating that the alleged offense was an incident of domestic violence. 2 Pursuant to s. 741.29 (2), F.S.: Whenever possible, the law enforcement officer hall obtain a written statement from the victim nd witnesses concerning the alleged domestic violence....
...of the agency's receipt of the report. 3 (e.s.) Information received by persons employed by or volunteering services to domestic violence centers through files, reports, inspections, or otherwise is confidential and exempt from s.
119.07 (1), F.S. 4 Section
741.29 (2), F.S., therefore, provides that the report sent to the domestic violence center exclude victim/witness statements or other material deemed to be part of the criminal investigation as defined in s....
...d, or of child abuse be exempt from the disclosure provisions of s.
119.07 (1), F.S. The statute further ensures that the exemption for such information does not cease once the information is no longer "active." 7 I find nothing in my examination of s.
741.29 , F.S., indicating that the Legislature intended such information be released to the domestic violence centers. Section
741.29 (1), F.S., requires the law enforcement officer to inform the alleged victim that a local domestic violence center is available to provide assistance if desired . Section
741.29 (2), F.S., in providing that a copy of the domestic violence report be sent to the nearest certified domestic violence center, specifically states that the copy exclude information considered to be a part of the criminal investigation....
..., or lewd, lascivious or indecent assault upon or in the presence of a child must be excised from the copy of the report of domestic violence forwarded by a law enforcement agency to the nearest locally certified domestic violence center pursuant to s. 741.29 , F.S....
...RAB/tjw 1 The statute further requires the officer to give the victim notice of the legal rights and remedies available, such notice to be given on the standard form developed and distributed by the Florida Department of Law Enforcement. And see , s. 415.606, F.S. 2 Section 741.29 (2), F.S....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3235209, 2012 Fla. App. LEXIS 13362
...Although the information charged Miles with "Battety-Domestic Violence,” it references section
784.03(l)(a), Florida Statutes (2010) — the battery statute — as well as provisions within the marriage and domestic violence chapter of the Florida Statutes. . §
741.29(6), Fla....
