Florida Statute 903.047 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

View Entire Chapter

F.S. 903.047

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.

F.S. 903.047 on Google Scholar

F.S. 903.047 on Casetext

Amendments to 903.047

Arrestable Offenses / Crimes under Fla. Stat. 903.047

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.047.

Annotations, Discussions, Cases:

Cases Citing Statute 903.047

Total Results: 20

Dominguez v. Cloutier

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: 903.046(2)(a)–(m), Fla. Stat. (listing factors); § 903.047(1)(a)–(c), Fla. Stat. (listing conditions of pretrial

JACQUELINE VARNER vs BRIAN VARNER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-17T00:00:00-08:00

Snippet: comply with the previous court order.”); see also § 903.047(1)(b), Fla. Stat. (2022) (setting forth the general

RICHARD CALDWELL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-18T00:53:00-07:00

Snippet: condition of pretrial release provided in s. 903.047, when the original arrest was for an act …. . . § 741.29(6), Fla. Stat. (2019). Section 903.047, which is explicitly referenced in section 741.29…from custody on pretrial release. . . . § 903.047(1)(a)–(b), Fla. Stat. (2019) (emphasis added). …release,’ in the context of Sections 741.29(6) and 903.047, requires a defendant to post a bond and thereby…and renders meaningless the language in section 903.047(1)(b) providing that “[a]n order of no contact

SHAVIS JOHNSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: Refrain from criminal activity of any kind.” § 903.047(1)(a), Fla. Stat. (2018). The trial court can order

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

Court: Fla. | Date Filed: 2017-03-09T00:00:00-08:00

Citation: 213 So. 3d 680

Snippet: insert condition of pretrial release in Fla. Stat. 903.047). 3. (Defendant) knew that a condition of …with violating a no contact order. £ 903.047(1)(h), Fla. Staf. An order of “no contact

Harris v. Ryand, Director

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-01T00:00:00-07:00

Citation: 147 So. 3d 1100

Snippet: So.2d 1173, 1174 (Fla. 3d DCA 2004). Sections 903.047(l)(a), 903.0471, and 907.041(4)(c)7, Florida Statutes…circumstances presented in these cases. Under section 903.047(l)(a), Florida Statutes (2014), as a condition

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTION 8.25

Court: Fla. | Date Filed: 2014-06-26T00:00:00-07:00

Citation: 141 So. 3d 1201

Snippet: a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of …insert condition of pretrial release in Fla. Stat. 903.047)” — reflects the interpretation that one can violate…insert condition of pretrial release in Fla. Stat. 903.047). 3. (Defendant) knew that a condition of

Griglen v. Ryan

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 138 So. 3d 1172

Snippet: subject to the conditions provided in section 903.047(l)(a), Florida Statutes (2013) We agree that the…custody,” without the condition set forth in section 903.047(l)(a).2 This type of release should not be equated…release” as that term of art is used in sections 903.047 and 903.0471. Rather, this type of release, in …be conditioned upon his compliance with section 903.047(iXa). Therefore his release could not be revoked…conditions imposed in case number F13-4783A. . Section 903.047(l)(a), Florida Statutes (2013) provides: (1) As

Santiago v. Ryan

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-11T00:00:00-07:00

Citation: 109 So. 3d 848

Snippet: also prohibited contact with the victim. See § 903.047, Fla. Stat. (2006) (“(1) As a condition of pretrial

Crimins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-08T00:00:00-08:00

Citation: 113 So. 3d 945

Snippet: a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic

In Re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2009-11-19T00:00:00-08:00

Citation: 26 So. 3d 534

Snippet: Release) to reflect that, pursuant to section 903.047(2), Florida Statutes (2009), a condition of pretrial

Neeld v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-26T00:00:00-07:00

Citation: 977 So. 2d 740

Snippet: released on his or her own recognizance, section 903.047(1)(a), Florida Statutes (2004), requires that the

Sheppard v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-07T23:53:00-08:00

Citation: 974 So. 2d 529

Snippet: a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic…conditions of pretrial release set out in section 903.047, referred to above, include the prohibition of …of contact by the defendant with the victim. § 903.047(1)(b), Fla. Stat. (2006) ("As a condition of…a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic

Bynum v. Ryan

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-18T00:00:00-07:00

Citation: 954 So. 2d 1225

Snippet: placed on pretrial release pursuant to sections 903.047-903.0471, Florida Statutes (2005). Subsequently

Alexander v. Judd

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-14T00:53:00-07:00

Citation: 930 So. 2d 847

Snippet: section 14 of the Florida Constitution. Section 903.047(1)(a), Florida Statutes (2005), specifically requires…from criminal activity of any kind." Section 903.047 is immediately followed by section 903.0471, which

Parent v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T00:00:00-08:00

Citation: 900 So. 2d 598

Snippet: Parent use no drugs was authorized by section 903.047(l)(a), Florida Statutes (2003), and that the requirement

Hernandez v. Roth

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T00:00:00-08:00

Citation: 890 So. 2d 1173

Snippet: urinalysis has support in a separate law. Section 903.047 mandates that: "As a condition of pretrial…from criminal activity of any kind ..." § 903.047(1)(a), Fla. Stat. (2004). The additional condition…fail to see how the language quoted from section 903.047 supports the majority, where the court may require

State v. Torres

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-03T00:00:00-08:00

Citation: 890 So. 2d 292

Snippet: the victim except through pretrial discovery. § 903.047, Fla. Stat. (2002). The purpose of a bail bond

Pilorge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-04T00:53:00-07:00

Citation: 876 So. 2d 591

Snippet: a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic…appearance. One of the conditions authorized by section 903.047 is no contact with the victim. More specifically

Parker v. State

Court: Fla. | Date Filed: 2003-03-26T23:53:00-08:00

Citation: 843 So. 2d 871

Snippet: Legislature in 1984 enacted section 903.047, which provided in relevant part: 903.047 Conditions of pretrial release…refrain from criminal activity of any kind .... § 903.047, Fla. Stat. (Supp.1984) (emphasis added). This …thumbing his nose" at the court. After section 903.047 was enacted, the Legislature later gave "teeth…mandatory condition of pretrial release under section 903.047(2), isin the majority's phrase"thumbing