Florida Statute 907.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 907
PROCEDURE AFTER ARREST

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F.S. 907.041

907.041 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 community or the integrity of the judicial process, or failing to appear at trial be detained upon arrest. However, persons found to meet specified criteria shall be released under certain conditions until proceedings are concluded and adjudication has been determined. The Legislature finds that this policy of pretrial detention and release will assure the detention of those persons posing a threat to society while 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 from risk of physical harm to persons.

(2) RULES OF PROCEDURE.—Procedures for pretrial release determinations shall be governed by rules adopted by the Supreme Court.

(3) RELEASE ON NONMONETARY CONDITIONS.—

(a) 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 unless such person is charged with a dangerous crime as defined in subsection (5). Such person shall be released on monetary conditions if it is determined that such monetary conditions 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.

(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:

1. The circumstances of the accused’s family, employment, financial resources, character, mental condition, and length of residence in the community;

2. The accused’s record of convictions, of appearances at court proceedings, of flight to avoid prosecution, or of failure to appear at court proceedings; and

3. Other facts necessary to assist the court in its determination of the indigency of the accused and whether she or he should be released under the supervision of the service.

(4) SPECIAL CONDITIONS FOR CERTAIN OFFENSES INVOLVING SCHOOLS OR STUDENTS.—

(a) As used in this subsection, the term “school” means the grounds or facility of any early learning, prekindergarten, kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private.

(b) When a person is charged with a crime under s. 790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, alleged to have been committed at or against a school or against a student while he or she is at school, the court must consider whether conditions of electronic monitoring and a prohibition from being within 1,000 feet of any school are appropriate to protect the community from risk of physical harm to persons.

(5) PRETRIAL DETENTION.—

(a) As used in this subsection, “dangerous crime” means any of the following:

1. Arson;

2. Aggravated assault;

3. Aggravated battery;

4. Illegal use of explosives;

5. Child abuse or aggravated child abuse;

6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;

7. Aircraft piracy;

8. Kidnapping;

9. Homicide;

10. Manslaughter, including DUI manslaughter and BUI manslaughter;

11. Sexual battery;

12. Robbery;

13. Carjacking;

14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;

15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;

16. Burglary of a dwelling;

17. Stalking and aggravated stalking;

18. Act of domestic violence as defined in s. 741.28;

19. 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;

23. Human trafficking;

24. Trafficking in any controlled substance described in s. 893.135(1)(c)4.;

25. Extortion in violation of s. 836.05; and

26. Written threats to kill in violation of s. 836.10.

(b) A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.

(c) Upon motion by the state attorney, 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. 903.046, and any other relevant facts, that any of the following circumstances exist:

1. 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;

2. The defendant, with the intent to obstruct the judicial process, has threatened, intimidated, or injured any victim, potential witness, juror, or judicial officer, or has attempted or conspired to do so, and that no condition of release will reasonably prevent the obstruction of the judicial process;

3. 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;

4. The defendant is charged with DUI manslaughter, as defined by s. 316.193, and that there is a substantial probability that the defendant committed the crime and that the defendant poses a threat of harm to the community; conditions that would support a finding by the court pursuant to this subparagraph that the defendant poses a threat of harm to the community include, but are not limited to, any of the following:

a. The defendant has previously been convicted of any crime under s. 316.193, or of any crime in any other state or territory of the United States that is substantially similar to any crime under s. 316.193;

b. The defendant was driving with a suspended driver license when the charged crime was committed; or

c. The defendant has previously been found guilty of, or has had adjudication of guilt withheld for, driving while the defendant’s driver license was suspended or revoked in violation of s. 322.34;

5. The defendant poses the threat of harm to the community. The court may so conclude, 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;

6. 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 was committed;

7. 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; or

8.a. The defendant has ever been sentenced pursuant to s. 775.082(9) or s. 775.084 as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal, or the state attorney files a notice seeking that the defendant be sentenced pursuant to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal;

b. There is a substantial probability that the defendant committed the offense; and

c. There are no conditions of release that can reasonably protect the community from risk of physical harm or ensure the presence of the accused at trial.

(d) 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 committed the offense, the state attorney, or the court on its own motion, shall motion for pretrial detention. If the court finds a substantial probability that the defendant committed the offense and, based on the defendant’s past and present patterns of behavior, consideration of the criteria in s. 903.046, and any other relevant facts, that no conditions of release or bail will reasonably protect the community from risk 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.

(e) When a person charged with a crime for which pretrial detention could be ordered is arrested, the arresting agency shall promptly notify the state attorney of the arrest and shall provide the state attorney with such information as the arresting agency has obtained relative to:

1. The nature and circumstances of the offense charged;

2. The nature of any physical evidence seized and the contents of any statements obtained from the defendant or any witness;

3. The defendant’s family ties, residence, employment, financial condition, and mental condition; and

4. The defendant’s past conduct and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings.

(f) When a person charged with a crime for which pretrial detention could be ordered is arrested, the arresting agency may detain such defendant, prior to his or her first appearance hearing or prior to the filing by the state attorney of a motion seeking pretrial detention, for a period not to exceed 24 hours.

(g)1. If a motion for pretrial detention is required under paragraph (d), the pretrial detention hearing must be held within 5 days after the defendant’s first appearance hearing or, if there is no first appearance hearing, within 5 days after the defendant’s arraignment.

2. If a state attorney files a motion for pretrial detention under paragraph (c), the pretrial detention hearing must be held within 5 days after the filing of such motion.

3. The defendant may request a continuance of a pretrial detention hearing. No continuance shall be for longer than 5 days unless there are extenuating circumstances. The state attorney shall be entitled to one continuance for good cause.

4. The defendant may be detained pending the completion of the pretrial detention hearing. If a defendant is released on bail pending a pretrial detention hearing under paragraph (d), the court must inform the defendant that if he or she uses a surety bond to meet the monetary component of pretrial release and the motion for pretrial detention is subsequently granted, the defendant will not be entitled to the return of the premium on such surety bond.

(h) The state attorney has the burden of showing the need for pretrial detention.

(i) The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of evidence at the detention hearing. The court may base an order of pretrial detention under paragraph (d) solely on hearsay. Evidence secured in violation of the United States Constitution or the Constitution of the State of Florida shall not be admissible.

(j) The defendant is entitled to be represented by counsel, to present witnesses and evidence, and to cross-examine witnesses. No testimony by the defendant shall be admissible to prove guilt at any other judicial proceeding, but such testimony may be admitted in an action for perjury, based upon the defendant’s statements made at the pretrial detention hearing, or for impeachment.

(k) A party may motion for a pretrial detention order to be reconsidered at any time before a defendant’s trial if the judge finds that information exists that was not known to the party moving for reconsideration at the time of the pretrial detention hearing and that such information has a material bearing on determining whether there are conditions of release or bail that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community from harm.

(l) The pretrial detention order of the court shall be based solely upon 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. The court shall render its findings within 24 hours of the pretrial detention hearing.

(m) A defendant convicted at trial following the issuance of a pretrial detention order shall have credited to his or her sentence, if imprisonment is imposed, the time the defendant was held under the order, pursuant to s. 921.161.

(n) The defendant shall be entitled to dissolution of the pretrial detention order whenever the court finds that a subsequent event has eliminated the basis for detention.

History.—ss. 1, 2, 3, 4, ch. 82-398; s. 48, ch. 84-103; s. 1, ch. 89-127; s. 2, ch. 89-281; s. 7, ch. 93-212; s. 12, ch. 95-195; s. 25, ch. 96-322; s. 1834, ch. 97-102; s. 106, ch. 99-3; s. 10, ch. 99-188; s. 2, ch. 2000-178; s. 2, ch. 2000-229; s. 24, ch. 2000-320; s. 2, ch. 2001-356; s. 1, ch. 2002-212; s. 16, ch. 2005-128; s. 4, ch. 2006-306; s. 2, ch. 2013-214; s. 7, ch. 2017-23; s. 12, ch. 2017-37; ss. 84, 128, ch. 2019-167; s. 4, ch. 2023-27; s. 1, ch. 2023-225; s. 1, ch. 2024-157.

F.S. 907.041 on Google Scholar

F.S. 907.041 on Casetext

Amendments to 907.041

Arrestable Offenses / Crimes under Fla. Stat. 907.041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 907.041.

Annotations, Discussions, Cases:

Cases Citing Statute 907.041

Total Results: 20

ALBERT ARMSTRONG v. STATE OF FLORIDA AND GRADY JUDD, SHERIFF OF POLK COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-26T00:00:00-07:00

Snippet: section 907.041, now located at section 907.041(5)(d), Florida Statutes. 1 Section 907.041(5)(d) states…subsection to Section 907.041, now located at Section 907.041(5)(d).4 Section 907.041(5)(d) states: …’s compliance with Section 907.041 The amendment to Section 907.041 did not change the requirements…pretrial detention hearing. § 907.041(5)(l), Fla. Stat. (2024) 11; § 907.041(5)(i), Fla. Stat. (2023)12.…Section 907.041(5)(k). Effective May 6, 2024, this provision is now numbered as Section 907.041(5)(l).

Orlando Chillon Hernandez v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-07T00:00:00-08:00

Snippet: contends section 907.041(5)(b) is indistinguishable from its predecessor, section 907.041(4)(b), which was…court denied nonmonetary release because section 907.041(5)(b), Florida Statutes (2023), prohibits granting

Dominguez v. Cloutier

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

Snippet: proceedings and enters an order under section 907.041(5)(c), Florida Statutes. No costs or charges are…rules for pretrial release determinations. See §§ 907.041, 903.046, Fla. Stat.; Fla. R. Crim. P. 3.131, 3.132…presumption of release on nonmonetary conditions. § 907.041(3)(a), Fla. Stat. For dangerous crimes, a monetary…appearance upon the finding of probable cause. § 907.041(5)(b), Fla. Stat. In both situations, the court…ensure the integrity of the judicial process. See § 907.041(3)(a), Fla. Stat.; § 903.046(2)(a)–(m), Fla. Stat

JOSE ALCAZAR v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-07T23:53:00-08:00

Snippet: motion for pretrial detention pursuant to section 907.041, Florida Statutes (2022), and Florida Rule of … 8 bond pursuant to section 907.041(4)(c)5., which authorizes the trial court to order…dangerous crime” is expressly defined by section 907.041(4)(a), which lists twenty-two individual crimes…murder is not a “dangerous crime” under section 907.041 and thus could not serve as a basis for pretrial…can only be one that is enumerated in section 907.041(4)(a).” Alcazar v. State, 349 So. 3d 930, 935 (

JAMES DEFRAIL BURNS v. KEN MASCARA, SHERIFF

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: at 759 (citing Fla. R. Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008)); see also Fla. R. Crim

JASMINE MARTINEZ v. CASSANDRA JONES, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-14T00:53:00-07:00

Snippet: motion for pretrial detention pursuant to section 907.041, Florida Statutes, and separately requested the

JOSE ALCAZAR v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-14T00:53:00-07:00

Snippet: defined in subsection (4).” § 907.041(3)(a), Fla. Stat. Section 907.041(4) provides: (a) … § 907.041(4)(c)5., Fla. Stat. (emphasis added). The plain language of this section 907.041(4)(…section 907.041(4)(a). See Hodges v. State, 327 So. 3d 923, 925 (Fla. 3d DCA 2021) (“Section 907.041, Florida… Rule of Criminal Procedure 3.132 and section 907.041, Florida Statutes. Alcazar then filed a motion …motion for pretrial detention pursuant to section 907.041(4)(c)5., Florida Statutes. In doing so, it found

Brandon Thourtman v. Daniel Junior, etc.

Court: Fla. | Date Filed: 2022-03-17T00:53:00-07:00

Snippet: defendant may be detained pending a hearing. § 907.041(4)(f), Fla. Stat. (2021). This rule, applicable

NATHANIEL ROBERSON v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: . 3d 1115, 1123–24 (Fla. 3d DCA 2017), section 907.041(3)(a), Florida Statutes provides that, while there…assure the integrity of the judicial process. See § 907.041(1), (3). Fla. Stat. (2022). 4 Although the Petitioner…So. 3d 775, 776 (Fla. 2d DCA 2014); see also § 907.041, Fla. Stat. (2022) (providing that persons found…defense, using the criteria set forth in section 907.041 to show that conditions exist that would assure

BRIAN HODGES v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: Rule of Criminal Procedure 3.132 and section 907.041, Florida Statutes (2021), we deny both petitions… Rule of Criminal Procedure 3.132 and section 907.041, Florida Statutes. Citing a prior DUI conviction…latter objective, the legislature enacted section 907.041, Florida Statutes, entitled “[p]retrial detention…community from risk of physical harm to persons.” § 907.041(1), Fla. Stat. To that end, the statute authorizes… 4 Section 907.041, provides, in pertinent part: The court

ALEX GARCIA v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-07-14T00:53:00-07:00

Snippet: State moved for pretrial detention under section 907.041(4)(c), and on April 25, 2021, Garcia moved for… 4 of physical harm to persons.” § 907.041(1), Fla. Stat. (2020). The statute continues, …matter of law that a correct reading of section 907.041 bars a finding of threat of harm as applied to …section 7 907.041(4)(c), means that a court must make findings pertaining…following circumstances exist.” § 907.041(4)(c), Fla. Stat. The court engaged in such an

WESLEY WARD v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-25T00:53:00-07:00

Snippet: written motion for pretrial detention. See § 907.041(4)(c)(5), Fla. Stat. As we held in Ginsberg v.… is circumscribed by the provisions of section 907.041, see State v. Paul, 783 So. 2d 1042 (Fla. …evidence and to cross-examine witnesses.” § 907.041(4)(h). Finally, the pretrial detention order… and conclusions of law to support it.” § 907.041(4)(i); Fla. R. Crim. P. 3.132(2).

JACARIE JOSEPH v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-11T00:53:00-07:00

Snippet: circumscribed by the requirements of section 907.041, Florida Statutes, and Florida Rules of Criminal… So. 2d 903 (Fla. 2d DCA 2003). Section 907.041(4)(e), Florida Statutes, mandates that the State… 3d 475, 477 (Fla. 3d DCA 2011) (citing § 907.041(4)(e), Fla. Stat. (2020)). The court must…the motion seeking pretrial detention. § 907.041(4)(f), Fla. Stat. (2020). […] The…precedent and the requirements of section 907.041(4)(c)(7). Under similar circumstances, this Court

ROSNIEL ORFELIA v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-07T00:53:00-07:00

Snippet: is circumscribed by the provisions of section 907.041, see State v. Paul, 783 So. 2d 1042 (Fla.2001…evidence and to cross- examine witnesses.” § 907.041(4)(h). Finally, the pretrial detention order…and conclusions of law to support it.” § 907.041(4)(i); Fla. R. Crim. P. 3.132(2). Id. at 477.

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-17T00:53:00-07:00

Snippet: judicial process, the accused may be detained.”); § 907.041(4)(c), Fla. Stat. (2018) (setting out the circumstances

SHAVIS JOHNSON v. STATE OF FLORIDA

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

Snippet: pretrial release,” provides: “Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:00:00-07:00

Citation: 269 So. 3d 639

Snippet: revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:00:00-07:00

Citation: 269 So. 3d 639

Snippet: revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive

Benjamin v. Junior

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-18T00:53:00-07:00

Snippet: properly and commendably, concedes error. See § 907.041, Fla. Stat. (2018); State v. Paul, 783 So. 2d 1042

Richard DeLisle v. Crane Co.

Court: Fla. | Date Filed: 2018-10-15T00:00:00-07:00

Citation: 258 So. 3d 1219

Snippet: .2d 1045 (Fla. 2005), we determined that section 907.041(4)(b), Florida Statutes (2000), providing that