Florida Statutes
Fla. Stat. § 903.047 (2025)
Conditions of pretrial release.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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903.047 Conditions of pretrial release.—
(1) As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant must:
(a) Refrain from criminal activity of any kind.
(b) If the court issues an order of no contact, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. An order of no contact is effective immediately and enforceable for the duration of the pretrial release or until it is modified by the court. The defendant shall be informed in writing of the order of no contact, specifying the applicable prohibited acts, before the defendant is released from custody on pretrial release. As used in this section, unless otherwise specified by the court, the term “no contact” includes the following prohibited acts:
1. Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. If the victim and the defendant have children in common, at the request of the defendant, the court may designate an appropriate third person to contact the victim for the sole purpose of facilitating the defendant’s contact with the children. However, this subparagraph does not prohibit an attorney for the defendant, consistent with rules regulating The Florida Bar, from communicating with any person protected by the no contact order for lawful purposes.
2. Having physical or violent contact with the victim or other named person or his or her property.
3. Being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence.
4. Being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.
(c) Comply with all conditions of pretrial release imposed by the court. A court must consider s. 903.046(2) when determining whether to impose nonmonetary conditions in addition to or in lieu of monetary bond. Such nonmonetary conditions may include, but are not limited to, requiring a defendant to:
1. Maintain employment, or, if unemployed, actively seek employment.
2. Maintain or commence an educational program.
3. Abide by specified restrictions on personal associations, place of residence, or travel.
4. Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency.
5. Comply with a specified curfew.
6. Refrain from possessing a firearm, destructive device, or other dangerous weapon.
7. Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription from a licensed medical practitioner.
8. Undergo available medical, psychological, psychiatric, mental health, or substance abuse evaluation and follow all recommendations, including treatment for drug or alcohol dependency, and remain in a specified institution, if required for that purpose.
9. Return to custody for specified hours following release for employment, school, or other limited purposes.
10. Any other condition that is reasonably necessary to assure the appearance of the defendant at subsequent proceedings and to protect the community against unreasonable danger of harm.
(2) Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition required by paragraph (1)(b) if good cause is shown and the interests of justice so require. The victim shall be permitted to be heard at any proceeding in which such modification is considered, and the state attorney shall notify the victim of the provisions of this subsection and of the pendency of any such proceeding.
History.—s. 43, ch. 84-103; s. 12, ch. 84-363; s. 2, ch. 2006-279; s. 1, ch. 2015-17; s. 1, ch. 2016-204; s. 2, ch. 2023-27.
Notes of Decisions
Cited in 26
cases (5 in the last 5 years), 1996–2026 · leading case: Parker v. State, 843 So. 2d 871 (Fla. 2003).
Parker v. State, 843 So. 2d 871 (Fla. 2003). “§ 903.047, Fla. Stat. (Supp.1984) (emphasis added).”
Hernandez v. Roth, 890 So. 2d 1173 (Fla. 3d DCA 2004). “Section 903.047 mandates that: "As a condition of pretrial release .”
State v. Paul, 783 So. 2d 1042 (Fla. 2001). “[3] Section 903.047, Florida Statutes (1997), sets forth the statutory conditions of pretrial release, one of which is that "[t]he defendant refrain from criminal activity of any kind.”
Neeld v. State, 977 So. 2d 740 (Fla. 2d DCA 2008). “[6] When a pretrial' detainee is released on his or her own recognizance, section 903.047(1)(a), Florida Statutes (2004), requires that the release is conditioned upon the defendant refraining from criminal activity.”
Thomas v. Jenne, 766 So. 2d 320 (Fla. 4th DCA 2000). “" [2] Section 903.047, Florida Statutes (1999), was enacted in 1984.”
Houser v. Manning, 719 So. 2d 307 (Fla. 3d DCA 1998). “The pretrial release conditions included the statutory condition that defendant not engage in any criminal activity, see § 903.047(1)(a), Fla. Stat. (1997), as well as *308 the condition that defendant "not use, possess, or carry a firearm, gun, weapon, or ammunition.”
In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). “131(a) (Right to Pretrial Release) to reflect that, pursuant to section 903.047(2), Florida Statutes (2009), a condition of pretrial release is that the defendant shall have no contact with the victim except for authorized pretrial discovery.”
Alexander v. Judd, 930 So. 2d 847 (Fla. 2d DCA 2006). “" Section 903.047 is immediately followed by section 903.”
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-01, 213 So. 3d 680 (Fla. 2017). “Before [his] [her] trial, (defendant’s) release on the domestic violence charge was set with a condition of (insert condition of pretrial release in Fla. Stat. 903.047). 3. (Defendant) knew that a condition of [his] [her] pretrial release was (insert condition), 4.”
State v. Torres, 890 So. 2d 292 (Fla. 2d DCA 2004). “§ 903.047, Fla. Stat. (2002). The purpose of a bail bond or recognizance bond is to insure the presence of the defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.”
Moody v. Campbell, 713 So. 2d 1032 (Fla. 1st DCA 1998). “This order does not preclude the trial court from setting reasonable conditions for the petitioner's pretrial release pursuant to section 903.047, Florida Statutes and Florida Rule of Criminal Procedure 3.”
Parent v. State, 900 So. 2d 598 (Fla. 2d DCA 2004). “The court found that the condition that Parent use no drugs was authorized by section 903.047(l)(a), Florida Statutes (2003), and that the requirement that Parent attend AA or NA meetings *600 was not punishment, but merely “a means to help the defendant comply with the prior…”
— 903.047(1) — 1 case
Arcia v. Manning, 680 So. 2d 1146 (Fla. 3d DCA 1996).
— 903.047(1)(a) — 8 cases
Neeld v. State, 977 So. 2d 740 (Fla. 2d DCA 2008). “[6] When a pretrial' detainee is released on his or her own recognizance, section 903.047(1)(a), Florida Statutes (2004), requires that the release is conditioned upon the defendant refraining from criminal activity.”
Houser v. Manning, 719 So. 2d 307 (Fla. 3d DCA 1998). “The pretrial release conditions included the statutory condition that defendant not engage in any criminal activity, see § 903.047(1)(a), Fla. Stat. (1997), as well as *308 the condition that defendant "not use, possess, or carry a firearm, gun, weapon, or ammunition.”
Hernandez v. Roth, 890 So. 2d 1173 (Fla. 3d DCA 2004). “Section 903.047 mandates that: "As a condition of pretrial release .”
Alexander v. Judd, 930 So. 2d 847 (Fla. 2d DCA 2006). “" Section 903.047 is immediately followed by section 903.”
Thomas v. Jenne, 766 So. 2d 320 (Fla. 4th DCA 2000). “" [2] Section 903.047, Florida Statutes (1999), was enacted in 1984.”
— 903.047(1)(b) — 5 cases
Thomas v. Jenne, 766 So. 2d 320 (Fla. 4th DCA 2000). “" [2] Section 903.047, Florida Statutes (1999), was enacted in 1984.”
Sheppard v. State, 974 So. 2d 529 (Fla. 5th DCA 2008).
Richard Caldwell v. State of Florida (Fla. 4th DCA 2022).
Jacqueline Varner Vs Brian Varner (Fla. 1st DCA 2023).
Christian Rivera v. State of Florida (Fla. 3d DCA 2026).
— 903.047(1)(c) — 1 case
— 903.047(1)(c)(1) — 1 case
— 903.047(2) — 2 cases
In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009). “131(a) (Right to Pretrial Release) to reflect that, pursuant to section 903.047(2), Florida Statutes (2009), a condition of pretrial release is that the defendant shall have no contact with the victim except for authorized pretrial discovery.”
Parker v. State, 843 So. 2d 871 (Fla. 2003). “§ 903.047, Fla. Stat. (Supp.1984) (emphasis added).”
— 903.047(iXa) — 1 case
Griglen v. Ryan, 138 So. 3d 1172 (Fla. 3d DCA 2014).
— 903.047(l)(a) — 4 cases
Parent v. State, 900 So. 2d 598 (Fla. 2d DCA 2004). “The court found that the condition that Parent use no drugs was authorized by section 903.047(l)(a), Florida Statutes (2003), and that the requirement that Parent attend AA or NA meetings *600 was not punishment, but merely “a means to help the defendant comply with the prior…”
Williams v. Spears, 814 So. 2d 1167 (Fla. 3d DCA 2002).
Harris v. Ryand, Dir., 147 So. 3d 1100 (Fla. 3d DCA 2014).
Griglen v. Ryan, 138 So. 3d 1172 (Fla. 3d DCA 2014).
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