Florida Statute 903.0351 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.0351

903.0351 Restrictions on pretrial release pending probation-violation hearing or community-control-violation hearing.—

(1) In the instance of an alleged violation of felony probation or community control, bail or any other form of pretrial release shall not be granted prior to the resolution of the probation-violation hearing or the community-control-violation hearing to:

(a) A violent felony offender of special concern as defined in s. 948.06;

(b) A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in s. 948.06(8)(c); or

(c) A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in s. 948.06(8)(c) on or after the effective date of this act.

(2) Subsection (1) shall not apply where the alleged violation of felony probation or community control is based solely on the probationer or offender’s failure to pay costs or fines or make restitution payments.

History.—s. 2, ch. 2007-2; s. 47, ch. 2016-24.

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Amendments to 903.0351

Arrestable Offenses / Crimes under Fla. Stat. 903.0351

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.0351.

Annotations, Discussions, Cases:

Cases Citing Statute 903.0351

Total Results: 3

State v. Lawrence

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00

Citation: 219 So. 3d 941

Snippet: seeking to- quash the court’s order finding section 903.0351(l)(b), Florida Statutes (2016), unconstitutional…State moved to revoke bond pursuant to section 903.0351(l)(b), Florida Statutes (2016), because he had…to the State’s motion and argued , that section 903.0351(l)(b) was unconstitutional. Specifically, he argued…revoke bond. The court found that, because section 903.0351(l)(b) does not implicitly require that the predicate…nature.” Therefore, the court held that section 903.0351(l)(b) is unconstitutional on its face and as applied

Bailey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 136 So. 3d 617

Snippet: withheld. (b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony

Cherington v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-11T00:00:00-08:00

Citation: 24 So. 3d 658

Snippet: follows: (b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term "violent