CopyCited 18 times | Published | Supreme Court of Florida
...Garcia ,
229 So.2d 236 , 238 (Fla. 1969) ). We noted that the copy requirement contained in the rule provided an extra and unnecessary burden on the operation of this Court. Id. at 386 . In State v. Raymond ,
906 So.2d 1045 (Fla. 2005), we determined that section
907.041(4)(b), Florida Statutes (2000), providing that a person charged with a dangerous crime was prohibited from receiving a nonmonetary pretrial release, was purely procedural and, therefore, an unconstitutional violation of the separation of powers clause....
0 red0 yellow16 green0 procedural
CopyCited 15 times | Published | Supreme Court of Florida | 2005 WL 1529691
...Barker, Assistant Attorney General, Miami, FL, for Appellant. Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellee. QUINCE, J. We have on appeal a decision of the Third District Court of Appeal declaring section 907.041(4)(b), Florida Statutes (2000), invalid. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons explained below, we affirm the decision of the Third District and hold that section 907.041(4)(b), Florida Statutes (2000), is purely procedural and therefore an unconstitutional violation of the separation of powers clause of the Florida Constitution....
...The county court found that Raymond qualified for nonmonetary release to pretrial services (PTS) because she had no prior offenses. [1] Despite making a finding that Raymond qualified, the court found that it could not grant nonmonetary pretrial release, citing section 907.041(4)(b), Florida Statutes (2000). The court set bond at $1,500, and then scheduled a second hearing for 8:30 a.m. the following Monday, February 4, 2002. [2] *1048 Section 907.041(4)(b) provides in pertinent part: No person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing. . . . § 907.041(4)(b), Fla. Stat. (2000) (emphasis added). Misdemeanor domestic violence is classified as a dangerous crime. See § 907.041(4)(a)(18)....
...Raymond could not afford to post the $1,500 bond. She remained in jail through the weekend, until the second scheduled appearance the following Monday morning. During that time, Raymond filed a motion seeking nonmonetary pretrial release, alleging that section 907.041(4)(b) was unconstitutional because it created a procedural rule that regulated the timing of her eligibility for release to PTS. The county court denied Raymond's motion but certified to the appellate division of the Eleventh Judicial Circuit court the following question as one of great public importance: DOES SECTION 907.041(4)(b), FLORIDA STATUTES (2000), IMPERMISSIBLY INTRUDE UPON THE SUPREME COURT'S RULE MAKING AUTHORITY IN VIOLATION OF THE SEPARATION OF POWERS CLAUSE OF ARTICLE II, SECTION 3, OF THE FLORIDA CONSTITUTION? Raymond filed a petition for writ of habeas corpus with the Third District Court of Appeal. The Third District remanded this issue to the Eleventh Judicial Circuit's Appellate Division. The Eleventh Circuit held that section 907.041 was a purely procedural rule that interfered with this Court's rulemaking authority. The State appealed, and the Third District per curiam affirmed with a short opinion, incorporating the Eleventh Circuit's opinion holding that section 907.041(b)(4) is unconstitutional as a procedural rule which encroaches on the Florida Supreme Court's exclusive rulemaking power....
...Garcia,
229 So.2d 236 (Fla.1969). It includes those rules and principles which fix and declare the primary rights of individuals with respect to their persons and property. Adams v. Wright,
403 So.2d 391 (Fla.1981). In this case, we must consider whether section
907.041(4)(b), is purely procedural or a matter of substantive law....
...We must also address whether the statute properly modified or amended Florida Rule of Criminal Procedure 3.131. If the provision is purely procedural, then it is an unconstitutional invasion of this Court's rulemaking authority conferred by the Florida Constitution, and it is invalid. Section 907.041 delineates the crimes which are considered "dangerous crimes" for purposes of this act. See § 907.041(4)(a), Fla....
...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. § 907.041(3)(a), Fla. Stat. (2001) (emphasis added). We do not agree that a change in the presumption in section 907.041(3)(a) means that a change to section 907.041(4)(b) is substantive....
...ed substantive and within the prerogative of the Legislature so long as the time for holding the juvenile did not violate the constitution. The statute at issue in Golden is distinguishable from the statute that is presently before us. In this case, section 907.041(4)(b) does not set forth a specific period of time that a defendant must be detained before a judicial hearing....
...be considered is "placement of the defendant in the custody of a designated person or organization agreeing to supervise the defendant." PTS qualifies as the designated person or organization referred to in the rule. In 2000, the Legislature amended section 907.041, and repealed "Rules 3.131 and 3.132, Florida Rules of Criminal Procedure, relating to pretrial release and pretrial detention, to the extent of inconsistency with the act." Ch....
...f Practice & Procedure,
281 So.2d 204 (Fla.1973) (declaring unconstitutional certain laws that attempted to rewrite the rules of appellate procedure). In this case, the Legislature repealed a portion of two procedural rules; [3] however, by enacting section
907.041(4)(b), which is a rule of procedure affecting the timing of a defendant's eligibility for pretrial release to PTS, it also imposed a new procedural rule, essentially rewriting the Rules of Criminal Procedure. This the Legislature may not do. Because we find section
907.041(4)(b) unconstitutional, and because the Legislature repealed those portions of rules 3.131 and 3.132 that require trial judges to consider nonmonetary pretrial release at the first appearance hearing for defendants charged with danger...
...defendants for nonmonetary pretrial release. Therefore, we temporarily readopt rules 3.131 and 3.132 in their entirety and publish the rules for comment concerning whether they should be amended to reflect the Legislature's intent as demonstrated in section 907.041....
...he Florida Legislature *1052 before we take any final action on these rules. For that reason, we expressly invite the Legislature to file comments particularly addressing the policy concerns that the Legislature was attempting to address by enacting section 907.041(4)(b). Conclusion For these reasons, we affirm the Third District's decision which affirmed the Eleventh Judicial Circuit Appellate Division's decision to declare section 907.041(4)(b) an unconstitutional violation of the separation of powers in article II, section 3 of the Florida Constitution....
0 red2 yellow14 green0 procedural
DistinguishedRoutt (2025)phrase: "distinguishing"
DistinguishedDoe (2016)phrase: "distinguishing"
Cited as authorityA.M.W. (2024)phrase: "rule_authority"
CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 1997 WL 194125
...particularly the fact that one of the charges was aggravated stalking. It bears mention that the statute has since been amended to preclude the sealing of criminal history records for the offense of stalking or aggravated stalking. See §§
943.059,
907.041, Fla.Stat....
...The same principles would apply in deciding whether to grant a petition to seal or expunge under Rules 3.692 and 3.989. [4] As amended effective July 1, 1995, section
943.059 was amended to state, "A criminal history record that relates to ... a violation enumerated in s.
907.041 may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense...." Id.; ch. 95-427, §§ 4, 8, Laws of Fla. Effective July 1, 1995, section
907.041, Florida Statutes, was amended to add stalking and aggravated stalking to its "dangerous crime" list....
0 red0 yellow5 green0 procedural
Cited as authorityBaker (2011)phrase: "rule_authority"
Cited with approvalBaker (2011)phrase: "cited with approval"
Cited as authorityCline (2010)phrase: "rule_authority"
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...ement is authorized to
immediately effectuate the arrest, under section
901.15, Florida Statutes (2017),
and should clearly do so when there is probable cause to believe that a person has
committed a serious crime of violence against another. Cf. §
907.041(4)(c)5., Fla.
Stat....
0 red0 yellow11 green0 procedural
CopyCited 15 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 311, 2010 Fla. LEXIS 858, 2010 WL 2195729
...State,
961 So.2d 1093 (Fla. 5th DCA 2007), as to whether a trial court may order pretrial detention based solely on a finding that the defendant's failure to appear was willful without determining whether conditions of release are appropriate as delineated in section
907.041, Florida Statutes (2008)....
...the judicial process." Art. I, § 14, Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...Based on the above, it is clear that there is a presumption in favor of release. In keeping with the presumption in favor of release, Florida's Legislature provided comprehensive guidelines for when an original application for bail may be denied as codified in section 907.041, Florida Statutes (2008). Before a trial court may order pretrial detention, one of the statutory bases must be satisfied. Section 907.041(4)(c)(7) lists criteria that must be used in making a pretrial detention determination, which, in relevant portion, provides: (c) 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....
...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. § 907.041(4)(c)(7), Fla. Stat. (2008). Additionally, section 907.041 also prescribes a set of procedures relating to pretrial detention....
...y on 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." Fla. R.Crim. P. 3.132(c)(2). However, there is no suggestion in either section 907.041 or in the procedural rule *1193 that a trial court's finding of the defendant's willful failure to appear alone is sufficient to order pretrial detention....
...t authority to deny a subsequent application for bail after a defendant breaches a bond condition, or whether the trial court's discretion to deny a subsequent application for bail is circumscribed by the parameters established by the Legislature in section
907.041. We adopted the Fourth District's reasoning as explained in Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA 1999), stating: [T]he court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section
907.041....
...the judicial process." Art. I, § 14 Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...That's where the notices were sent. Now we need another date." The bond hearing transcript is devoid of any language, either express or implied, indicating that the trial court's decision to order pretrial detention in this case was based on the statutory criteria as codified in section 907.041 and as required by our decision in Paul....
0 red0 yellow6 green0 procedural
CopyCited 12 times | Published | Supreme Court of Florida | 2003 WL 1563567
...ence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Art. I, § 14, Fla. Const. (emphasis added). To implement the 1983 amendment, the *875 Legislature enacted statutory sections
903.046 [4] and
907.041, [5] which set forth criteria for bail determinations and pretrial release....
...efendant then reapplied for pretrial release. The Third District Court of Appeal held that the matter fell squarely within the discretion of the court, whereas the Fourth District Court of Appeal held that the issue was governed by the provisions of section 907.041....
...[6] This Court, in order to consider the issue, granted review in Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA 1999). While Paul was pending, the Legislature addressed the issue by enacting several statutory provisions. First, the Legislature amended section
907.041(4) to read as follows: (c) The court may order pretrial detention if it finds a substantial probability ......
...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. § 907.041(4), Fla....
...(j) Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release. §
903.046, Fla. Stat. (2000) (emphasis added). And finally, the Legislature enacted section
903.0471, which provides as follows:
903.0471 Violation of condition of pretrial release.Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...ly implement the trial court's discretion to impose pretrial detention within the limits of Article I, Section 14 of the Florida Constitution, which affords the trial judge wide latitude in the decision to deny bond.... The legislative intent behind section
907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it. Barns [v. State], 768 So.2d [529] at 532-33 [(Fla. 4th DCA 2000) ]. Barns, as we said earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under
907.041, not section
903.0471....
...t. After section
903.047 was enacted, the Legislature later gave "teeth" to that section's proscription by enacting section
903.0471. As noted earlier, section
903.0471 provides:
903.0471 Violation of condition of pretrial release. Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...1 violates substantive due process because it authorizes a court to deny a second pretrial release upon finding probable cause that a defendant committed a new crime, which is less than the burden on the state when pretrial detention is sought under section 907.041....
...ocation of pretrial release. Again, we disagree. The district court below addressed this claim thusly: Nor do we agree with Parker that his procedural due process rights were violated because he did not receive the procedural safeguards contained in section 907.041, which is applicable to initial pretrial release hearings....
...also be employed in making the Fourth Amendment determination of probable cause. Gerstein,
420 U.S. at 120-22,
95 S.Ct. 854 (footnotes and citations omitted). In light of the fact that a Florida defendant is accorded a full adversarial hearing under section
907.041 upon his or her initial application for pretrial release, the requirements of article I, section 14, Florida Constitution, are satisfied by the dictates of section
903.0471 upon subsequent violation....
...the traditional "in the conscience of the court" standard to establish a violation of probation, [16] *883 and that it is an appropriately less forgiving standard than "substantial probability," used for an initial order of pretrial detention under section 907.041(4)(c), Florida Statutes....
...This is a fundamental distinction from the pre-trial stage.... Id. at 498 (quoting In re Whitney,
421 F.2d 337, 338 (1st Cir.1970)). Next, in stating that it is logical to apply a less forgiving standard than the "substantial probability" standard contained in section
907.041(4)(c), the majority does not identify several important distinctions between that statute and section
903.0471. First, section
907.041(4)(c) links the "substantial probability" standard to the "defendant's past and present patterns of behavior," and requires evaluation of the criteria for bail determination in section
903.046, which include the likelihood of appearance in future proceedings and unreasonable danger to the community. Second, all but one of the subsections in section
907.041(4)(c) require findings consistent with article I, section 14 concerning the prospects for appearance at trial, threat of harm to the community or obstruction of the judicial process. [17] *884 In comparison to the "comprehensive and specific framework" of section
907.041, see Paul,
783 So.2d at 1052, the probable cause standard of section
903.0471 is tied only to the commission of an offense while on pretrial release....
...854,
43 L.Ed.2d 54 (1975) (discussing "Fourth Amendment determination of probable cause" in the context of a determination of grounds to detain). Accordingly, I cannot conclude that the "probable cause" standard, rather than the substantial probability standard used in section
907.041(4)(c), comports with the requirements of substantive due process for denial of the constitutional right to pretrial release on reasonable conditions....
...itted 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. § 907.041(4), Fla....
...nt may be held in pretrial detention. Accordingly, although the breach of a bond condition provides the basis for revocation of the original bond, the trial court's discretion to deny a subsequent application for new bond is limited by the terms of [section 907.041]....
...Paul,
783 So.2d at 1051 (footnote omitted). [8] See, e.g., §
901.15(6), Fla. Stat. (2000) ("A law enforcement officer may arrest a person without a warrant when ... [t]here is probable cause to believe that the person has committed a criminal act...."). [9] See §
907.041(4)(c), Fla....
...Singletary,
758 So.2d 618, 621 (Fla.2000) ("[T]he Due Process Clause ... protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged."). [13] See, e.g., Bernhardt v. State,
288 So.2d at 495. [14] See §
907.041(4)(c), Fla....
...These standards are more reliable gauges both for the trial court's determination and appellate review than the less precise "conscience of the court" language of Bernhardt v. State,
288 So.2d 490, 495 (Fla.1974). [17] The exception is contained in section
907.041(4)(c)6., Florida Statutes, which authorizes pretrial detention if: "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 w...
0 red0 yellow6 green0 procedural
Cited as authorityBlair (2009)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1999 WL 817181
...ry person charged with a crime... shall be entitled to pretrial release on reasonable conditions." Petitioners are not entitled to release under this provision because they are not charged with a "crime." Nor is our general pretrial release statute, section 907.041, applicable, for the same reason....
0 red0 yellow4 green0 procedural
Cited as authorityMurray (2002)phrase: "rule_authority"
Cited as authorityGoode (2002)phrase: "rule_authority"
Cited as authorityWesterheide (2000)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 20 Fla. L. Weekly Fed. D 898
...The petitioner is entitled to have the court reconsider bail and conditions of release even if recommitment is ordered as a result of the breach of the bond condition. See Fla.R.Crim.P. 3.131(h). It is the state's burden to prove the need of pretrial detention. Section 907.041(4)(f), Fla....
...GLICKSTEIN, J., concurs specially with opinion. GLICKSTEIN, Judge, concurring specially. I would grant the habeas petition but only for the limited purpose of remand to the trial court for entry of a written order of commitment and pretrial detention pursuant to section 907.041, Florida Statutes (1993), and subsections (g) and (h) of Florida Rule of Criminal Procedure 3.131....
...There is no record basis to conclude that the trial court did not proceed essentially in accordance with the statute and rule. Furthermore, the above statute should be, in my view, our substantive concern and should have been the state's and the trial court's as well. Section 907.041(1) establishes the legislative policy of this state which the judiciary is to follow, absent some constitutional obstruction....
...of such an order. NOTES [1] The state refers to Florida Rule of Criminal Procedure 3.131(f)(1) when in fact it is reciting language from 3.131(g)(1). There is no sub-division (1) of Rule. 3.131(f). [2] See also Art. I, § 14 Fla. Const.; Fla. Stat. § 907.041(3): "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." In addressing pretrial detention, the legislature also permitted the court to o...
...a defendant "with the intent to obstruct the judicial process, has threatened, intimidated, or injured any victim, potential witness, ... and that no condition of release will reasonably prevent the obstruction of the judicial process. " Fla. Stat. § 907.041(4)(b)2....
0 red0 yellow2 green0 procedural
Cited as authorityThomas (2000)phrase: "rule_authority"
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2535257
...reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Section 907.041(4), Florida Statutes (2006), sets forth circumstances in which a court can require pretrial detention, and section 907.041(4)(c)(6) permits pretrial detention if a defendant was on probation at the time the charged offense was committed....
0 red0 yellow6 green0 procedural
Cited as authorityPole (2016)phrase: "rule_authority"
Cited as authorityPhillips (2016)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1997 WL 287564
...itioner's agreement in lieu of additional bond. We agree and grant the writ. The State argued that Petitioner qualified for pretrial detention because he posed a threat to the community, but conceded to the trial court that none of the conditions of section 907.041(4)(b)4.a-c, Florida Statutes (Supp.1996), applied....
...d he could be held without bond, without any further consideration of whether he was entitled to pretrial release. The trial court's order did not include the pretrial detention findings required by Florida Rule of Criminal Procedure 3.132(c)(2) and section 907.041(4)(h)....
...The trial court has the authority under Florida Rule of Criminal Procedure 3.131(g)(1) to arrest and commit a defendant at large on bail for a breach of the undertaking; however, refusing to impose any conditions of release thereafter constitutes pretrial *843 detention, the need for which the State must prove, § 907.041(4)(f), beyond a reasonable doubt, Fla....
...Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995). While a finding of danger to the community can be used as a factor in determining bail or other conditions, Fla. R.Crim. P. 3.131(b)(3), it cannot be the entire basis for pretrial detention, see §
907.041(4)(b)4.a-c....
...l court should consider whether there are any conditions of release that can assure the safety of the community. If the trial court again determines that pretrial detention is necessary, it shall include the findings required by rule 3.132(c)(2) and section 907.041(4)(h) in its order....
0 red0 yellow3 green0 procedural
Cited as authorityBarns (2000)phrase: "rule_authority"
Cited as authorityThomas (2000)phrase: "rule_authority"
Cited as authorityPaul (1999)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2000 WL 1396323
...imposed. In his petition, Barns relied primarily on Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA), rev. granted,
741 So.2d 1137 (Fla. 1999), to argue that the trial court's decision to revoke bond failed to comply with the pretrial detention statute, section
907.041, Florida Statutes (1999)....
...tention, the need for which the State must prove... beyond a reasonable doubt.'" Id. at 1168 (quoting Metzger,
694 So.2d at 843). The parties conceded that if the pretrial detention statute applied, the only section authorizing detention would be subsection
907.041(4)(b)4.b....
...mpted second degree murder. See id. We rejected the state's invitation to reexamine our position that "the trial court has no discretion to refuse readmission to bond upon breach of a bond condition, absent proof of the pretrial detention factors in section 907.041." Id....
...ail at all must be subject to the limitations of the pretrial detention statute. * * * We continue to hold, as we did in Merdian and Metzger, that the court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...We have no difficulty divining the legislative intent to curtail the court's power to deny bail, except in certain instances, in light of the constitutionally guaranteed right to bail. Paul,
728 So.2d at 1171 (emphasis omitted). *532 The effect of the ruling in Paul was that unless there was compliance with section
907.041(4)(b), the trial court was precluded from revoking a defendant's bond and holding him without bond until trial, even though the trial court had determined that the defendant posed a threat to the community because of the crimes he had committed while on pretrial release....
...In Merdian, the condition was a no contact provision with the victim; in Metzger, the defendant violated a condition concerning the use of illegal drugs by testing positive for cannabis in his urine. It was these cases that Paul relied upon in requiring compliance with section 907.041 before imposing pretrial detention....
...conditions, and what that bail or those conditions may be, the court shall consider: * * * (j)Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release. Ch.2000-178, § 1, at 1466-67, Laws of Fla. Section
907.041(3) was amended to clarify that persons charged with a "dangerous crime" as defined in section
907.041(4)(a) are not entitled to the legislatively created presumption in favor of pretrial release on nonmonetary conditions. See Ch.2000-178, § 2, at 1467, Laws of Fla. Section
907.041(4)(b) was created to limit the opportunity of a person charged with a dangerous crime to be "granted nonmonetary pretrial release at a first appearance hearing." Ch.2000-178, § 2, at 1468, Laws of Fla. Except for relettering to subsection (c), the legislature did not change subsection
907.041(4)(b), Florida Statutes (1999). Significantly, the legislature created section
903.0471, which provides:
903.0471 Violation of condition of pretrial release.Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...Section
903.0471 obviously allows this result when a defendant has committed new crimes while on pretrial release. Where a trial court imposes pretrial detention because it finds probable cause to believe that a defendant committed a new crime while on pretrial release, there is no longer any requirement to comply with section
907.041(4)(b). Chapter 2000-229, Laws of Florida The Governor approved Chapter 2000-229 on June 6, 2000. The statute makes substantial changes to section
907.041. Most significant for this case is the language that addresses the situation that arose in Merdian and Metzger, where a defendant violates a condition of his bond *533 not involving the commission of new crimes. The statutes creates subsection
907.041(4)(b)7, which provides: (b) 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....
...t the community from risk of physical harm to persons or assure the presence of the accused at trial. Ch.2000-229, § 2, at 1708-09, Laws of Fla. (new statutory language underlined). [3] This amendment negates the holdings of Merdian and Metzger. Subsection 907.041(4)(b)7 allows the trial court the discretion to impose pretrial detention when faced with a defendant who violates a condition of pretrial release....
...The court has the right and the duty, in arriving at the correct meaning of a prior statute, to consider subsequent legislation. Gay v. Canada Dry Bottling Co. of Florida,
59 So.2d 788, 790 (Fla.1952) (quoting General Petroleum Corp. of Cal. v. Smith, 62 Ariz. 239, 157 P.2d 356, 360 (1945)). In creating sections
903.0471 and
907.041(4)(b)7, the legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond....
...asonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. FLA. CONST. ART. I, § 14. The legislative intent behind section 907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it....
...3d DCA 1998), suggesting that a primary motivation behind the statute was to legislatively overrule the result in Paul. See House of Representatives as Revised by the Committee on Criminal Justice Appropriations Analysis, CS/HB 607, p. 5. [3] Chapter 2000-229 also creates section 907.041(4)(b)4 which delineates those circumstances when a court may order pretrial detention for a person charged with DUI manslaughter, the crime at issue in this case....
0 red0 yellow5 green0 procedural
Cited as authorityMontello (2004)phrase: "rule_authority"
Cited as authorityFoster (2003)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1993 WL 247146
...l, assure the integrity of the judicial process, or unless the accused is charged with a capital or life offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great. Art. I, § 14, Fla. Const.; § 907.041, Fla....
0 red0 yellow5 green0 procedural
Cited as authorityBLEIWEISS (2009)phrase: "rule_authority"
Cited as authoritySimpson (2004)phrase: "rule_authority"
CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 298960
...3d DCA 1998), as to whether the trial courts have the inherent authority to deny a subsequent application for bail after a defendant breaches a bond condition, or whether the trial courts' discretion to deny a subsequent application for bail is circumscribed by the parameters established by the Legislature in section 907.041, Florida Statutes (1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons explained in this opinion, including our conclusion that section 907.041 expressly addresses the circumstance of a defendant who breaches a *1043 bond condition or commits a new crime, we hold that a trial court's discretion to deny a subsequent application for bail is circumscribed by statute....
...pretrial release conditions by engaging in criminal activity. [3] See id. at 1168. The trial court then evaluated Paul's application to be re-admitted to bail and the State's contrary position that there was a need for pretrial detention pursuant to section 907.041(4)(b), Florida Statutes (1997). In determining that Paul qualified for pretrial detention, the trial court relied on section 907.041(4)(b)4.b....
...Paul thereafter filed an emergency petition for writ of habeas corpus in the Fourth District Court of Appeal, "alleging that the court erred in refusing to set a new bond." Id. at 1167. The Fourth District granted the writ, explaining initially that both parties concede that only the condition [for pretrial detention] in section 907.041(4)(b)4.b....
...ime presently charged." Id. at 1168 (footnote omitted). The Fourth District then concluded, as did the First District in Moody v. Campbell,
713 So.2d 1032, 1033 (Fla. 1st DCA 1998), that the Legislature's failure to include juvenile adjudications in section
907.041(4)(b)4.b....
...Accordingly, the Fourth District held that although a trial court has the power to order the arrest and commitment of a defendant for a violation of a bond condition, the trial court's decision whether to deny a subsequent bond application must be based on the criteria for pretrial *1045 detention set forth in section 907.041(4)(b)....
...3d DCA 1998), in which the Third District held that once a defendant violates a bond condition, the question as to whether to grant pretrial release is addressed to the discretion of the trial court without regard to the pretrial detention criteria in section 907.041....
...release can reasonably protect the community, assure the presence of the accused or assure the integrity of the judicial process. See art. 1, § 14. [5] *1046 In order to implement the 1983 amendment to article I, section 14, the Legislature enacted section 907.041, which provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime....
...iately preceding the date of his or her arrest for the crime presently charged. c. The defendant is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest. § 907.041(4)(b)....
...[7] Not only has the Legislature provided comprehensive guidelines for when an original application for bail may be denied, but in so doing, it has also addressed the question of when a defendant violates the conditions of bond, which is the precise issue now before us. Section 907.041(4)(b)1....
...specifically applies to a defendant who has "previously violated conditions of release." It provides that the trial court may grant pretrial detention if "no further conditions of release are reasonably likely to assure the defendant's appearance at subsequent proceedings." § 907.041(4)(b)1....
...Nonetheless, the Third District asserted that the "clearest use of this subdivision would be where bond is opposed on the current offense because the defendant became a fugitive while released on bond for a previous offense." Id. The plain language of section 907.041(4)(b)1, however, does not so limit the trial court, and thus, that provision is clearly applicable to allow a trial court to consider ordering pretrial detention where the defendant has subsequently violated conditions of release. [8] *1048 Further, section 907.041(4)(b)4.c is an additional provision in which the Legislature addressed the circumstance in which a defendant violates a bond condition and specifically where the violation of the bond condition is a new crime....
...Thus, the Legislature also has provided for pretrial detention where the defendant is "presently charged with a dangerous crime" and the defendant "is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest." § 907.041(4)(b)4.c, Fla. Stat. Although the State now argues that Paul would qualify for detention pursuant to section 907.041(4)(b)4.c, it did not argue the applicability of that provision to the trial court, and therefore, that issue is not now before us....
...d offenses for carrying concealed weapons and possession of marijuana and drug paraphernalia. And that section certainly would apply to a defendant who committed a new dangerous crime while out on pretrial release for a dangerous crime. Moreover, in section 907.041(4)(b)4, the Legislature generally addressed the circumstance of when pretrial detention should be ordered if the person poses a threat of harm to the community....
...g in this Court. In addition to establishing comprehensive criteria to determine if pretrial release is warranted, the Legislature also has enacted a comprehensive set of procedures for pretrial detention, which provide a panoply of protections. See § 907.041(4). For example, section 907.041(4)(c)-(d) provides that when a person is arrested and charged with a crime for which pretrial detention could be ordered, the arresting officer must promptly notify the state attorney, who may then file a motion for pretrial detention. Pending action by the state attorney, the defendant may only be held without bail for up to twenty-four hours. See § 907.041(4)(d). If the State files a pretrial detention motion, the court may order such detention only after a hearing, which must be held within five days of the filing of the State's motion. See § 907.041(4)(e)....
...The State is entitled to one continuance for good cause, and no continuance may exceed five days unless extenuating circumstances are presented. See id. The defendant is entitled to be represented by counsel, to present witnesses and evidence, and to cross-examine witnesses. See § 907.041(4)(g). In addition, the state attorney has the burden of showing the need for pretrial detention. See § 907.041(4)(f)....
..."The rule strongly suggests that it applies not just to release determinations upon initial arrest, but also to bond decisions following rearrests and renewed bail applications." Id. In Houser, the Third District concluded that the amendment to article I, section 14, along with the enactment of section 907.041, expanded the court's authority to deny bond in certain situations....
...Thus, the Third District in Houser reasoned that the trial court's inherent authority to revoke bond and deny subsequent bond applications existed both before and after the constitutional amendment effective January 1, 1983. Id. The Third District found that in cases of violations of bond conditions, the provisions of section 907.041 are merely "complementary to, and [do not] replace, a trial court's already-existing power to ......
...abuse of discretion.
719 So.2d at 309. Before Houser, however, no other opinion of any other appellate court, aside from the dicta in Gardner, concluded that trial courts are vested with inherent authority, without regard to article I, section 14 or section
907.041, to deny bail once there has been a breach of the bond conditions....
...
728 So.2d at 1171 (emphasis supplied); see Schwartz v. Neumann,
731 So.2d 746, 747 (Fla. 4th DCA 1999) (pretrial detention is inappropriate after defendant breaches conditions of release, unless the State proves at least one of the four circumstances listed in section
907.041(4)(b)); Rix v....
...bsequent application for a new bond is limited by the terms of the statute. Further, there is nothing that prevents the State from seeking pretrial detention for the newly charged offense if the State can establish the necessary criteria pursuant to section 907.041(4)(b). As the Fourth District explained: [T]he court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...Bowen,
471 So.2d 1274, 1277-79 (Fla.1985)). CONCLUSION The Legislature by statute has constructed a comprehensive and specific framework setting forth the multiple circumstances under which trial courts may act to deny bail and order pretrial detention. This scheme as set forth in section
907.041, Florida Statutes (1997), fully comports with the Florida Constitution and has long been the standard by which trial courts have been guided in determining whether to deny bail....
...lieve that the defendant committed a new crime while on pretrial release." Former subsection (j) was designated as subsection (k). See ch. 00-278, § 1, Laws of Fla. [7] Significantly for future cases, in the 2000 amendments the Legislature added subsection 907.041(4)(c)7, which provides for pretrial detention if 7....
...rom risk of physical harm to persons or assure the presence of the accused at trial. Ch. 2000-229, § 2, Laws of Fla. The Legislature also created section
903.0471, which provides:
903.0471 Violation of condition of pretrial release. Notwithstanding s.
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release. Ch. 2000-178, § 3, at 1469, Laws of Fla. [8] However, in this case the trial court did not make findings as to whether "further conditions of release are reasonably likely to assure his appearance at subsequent proceedings" so as to invoke section
907.041(b)(1)....
...e denying release on bond based on willful failure to appear without express findings of whether any conditions of pretrial release are reasonably likely to assure appearance fails to comply with the statute governing pretrial detention set forth in section 907.041)....
...[13] Since the time that the Fourth District decided Paul, it appears that there has been disagreement within the Fourth District as to whether a denial of bond after a trial court has revoked bond must be based on a showing of need for pretrial detention, pursuant to the criteria set forth in 907.041. Judge Gross had taken the position that Paul misconstrued section 907.041 by applying it to a subsequent application for bail after bond revocation, thus improperly limiting the inherent power of the court....
...f the 2000 legislative amendments. See id. at 530-31. Most recently, in Parker v. State,
780 So.2d 210 (Fla. 4th DCA 2001), the Fourth District upheld the constitutionality of section
903.0471 and concluded that the Legislature had not intended that section
907.041 be followed after a defendant committed a new crime while on pretrial release....
...Additionally, by enacting section
903.0471 and section
907.045(4)(b)7, the Legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond. Accordingly, the Legislature's enactment of the 2000 amendments supports our holding in this case that section
907.041 applies to revocation of an existing bond....
1 red1 yellow13 green0 procedural
Receded fromBlair (2010)phrase: "receded from"
LimitedParker (2003)phrase: "limited by"
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1992 WL 184024
...s of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained." Art. I, § 14, Fla. Const.; see also § 907.041, Fla....
0 red0 yellow6 green1 procedural
Cited as authorityThourtman (2019)phrase: "rule_authority"
Cited as authorityThourtman (2019)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 WL 104585
...on to be admitted to bail pursuant to Florida Rules of Criminal Procedure 3.131(h) and (b). Then, following procedures established by decisional law in this district, [1] the court evaluated the state's proof of the need for pretrial detention under section 907.041(4)(b), Florida Statutes....
...(h) and (b). [2] We went a step further in Metzger v. Cochran,
694 So.2d 842, 843 (Fla. 4th DCA 1997), to clarify that a refusal "to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove, §
907.041(4)(f), beyond a reasonable doubt." Under section
907.041(4)(b) of the statute, the court may order pretrial detention if it finds that any of four enumerated conditions is met. In this case, both parties concede that only the condition in section
907.041(4)(b)4.b....
...of a dwelling constitutes a prior conviction for a dangerous crime. Relying on Moody v. Campbell,
713 So.2d 1032 (Fla. 1st DCA 1998), he points out that a juvenile disposition is not included in the definition of a prior "conviction" for purposes of section
907.041(4)(b)4.b....
...By contrast, the legislature has, in other contexts, spoken to the effect of prior juvenile convictions. See, e.g., §§ 921.0011(5), Fla. Stat. (1997)(sentencing guidelines);
90.610(1)(b)(evidence). The absence of any clarification by the legislature regarding the applicability of juvenile adjudications to section
907.041(4)(b)4.b....
...points to their exclusion from its scope, especially in light of the rules of statutory construction in criminal proceedings. Id. at 1033 (citations omitted). We find the reasoning in Moody persuasive and agree that the legislature's failure to specifically include juvenile adjudications in section 907.041(4)(b)4.b. precludes the state from using a delinquency adjudication to satisfy its burden of proving a prior conviction for a dangerous crime under 907.041(4)(b)4.b....
...o reconsider Merdian v. Cochran and its progeny and reexamine the rule established in those cases that the trial court has no discretion to refuse readmission to bond upon breach of a bond condition, absent proof of the pretrial detention factors in section 907.041....
...The state urges us to adopt the Third District Court of Appeal's position recently enunciated in Houser v. Manning,
719 So.2d 307 (Fla. 3d DCA 1998). In Houser, the third district held that once a defendant violates a bond condition, the bond may be revoked without regard to the pretrial detention criteria in section
907.041, and that any new bond is addressed to the sound discretion of the trial court....
...It rejected the defendant's argument that he was entitled, as a matter of right, to have a new bond set on the original armed robbery charge. In his petition for a writ of habeas corpus, the defendant cited our Merdian decision for the proposition that unless he met the criteria for pretrial detention under section 907.041, Florida Statutes, the court was required to readmit him to bond....
...ain a person "[I]f no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." Art. I, § 14, Fla. Const. (1983). Section 907.041, Florida Statutes, implemented the constitutional amendment and established specific criteria for determining whether a defendant may be detained without bond....
...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. Section
907.041(1), Fla. Stat. (1997). The Houser court reasoned that section
907.041 and the amendment to Article I, section 14 were enacted to expand the court's authority to deny bond in certain situations and were not intended to "cut back on the court's power to enforce bond conditions and revoke bond where bond conditions have been breached." Houser,
719 So.2d at 310-311....
...persons charged with crimes in Florida have a general right to pretrial release on reasonable conditions. Houser also cites our decision in State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990), for the proposition that "it has been explicitly held that section
907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail." Id....
...In Ajim, we were referring to the trial court's discretion to deny bail, as recognized in State v. Arthur,
390 So.2d 717 (Fla.1980), for crimes punishable by death or life in prison where the proof is evident and the presumption is great. Our intention was to clarify that section
907.041 did not remove a trial judge's discretion to grant or deny bail to a defendant charged with a nonbondable offense. See also State v. Fox,
647 So.2d 1051 (Fla. 5th DCA 1994) (trial judge erroneously believed he lacked discretion to deny bail in an Arthur application absent the specialized showing in
907.041(4)(b)). We took no position in Ajim, however, on the trial court's discretion to deny bond outside of the criteria set forth in Arthur and section
907.041....
...arrest, but also to bond decisions following rearrests and renewed bail applications. We continue to hold, as we did in Merdian and Metzger, that the court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...iately preceding the date of his or her arrest for the crime presently charged. c. The defendant is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest. § 907.041(4)(b), Fla....
1 red0 yellow4 green0 procedural
Receded fromBarns (2000)phrase: "receding from"
Cited as authorityBlair (2010)phrase: "rule_authority"
Cited as authorityPaul (2001)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1998 WL 406048
...Cochran,
654 So.2d 573 (Fla. 4th DCA 1995). Defendant reads Merdian to hold that even after breach of a bond condition, a defendant must be readmitted to bond unless he meets the criteria for detention without bond under the pretrial detention statute, section
907.041, Florida Statutes....
...The court expressed doubt that the defendant had, in reality, violated a condition of the bond. See id. at 575. The case appears to have been litigated on the unexamined assumption that the only basis for refusing readmission to bond would be if the defendant qualified for pretrial detention under section 907.041, Florida Statutes....
...a defendant [who has committed a new criminal offense while released on bond] should then be conditionally released again in revolving door fashion." ABA Standards for Criminal Justice 10-5.8 cmt., at 10-94. III. By arguing that bond may not be denied unless the State establishes the need for pretrial detention under section 907.041, defendant in essence is arguing that the purpose of section 907.041 was to curtail the power of the court to revoke bond where a defendant breaches a bond condition....
...-released defendant violated a bond condition. Thus it was already recognized, prior to the 1982 constitutional amendment, that bond could be revoked, and future bond denied, for breach of a bond condition. In 1982, the Constitution was amended, and section
907.041 enacted, in order to allow the courts to deny bond in some cases which formerly had been entitled to bond. See Gomez,
473 So.2d at 810. [3] Section
907.041 implemented the constitutional amendment, see Gomez,
473 So.2d at 810, and announced "the policy of the 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." §
907.041(1), Fla....
...(emphasis added). There is not the slightest indication that the 1982 enactments were intended to cut back on the court's power to enforce bond *311 conditions, and revoke bond where bond conditions have been breached. Indeed, it has been explicitly held that section
907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail. See State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990); see also State v. Fox,
647 So.2d 1051, 1051-52 (Fla. 5th DCA 1994); Driggers v. Carson,
486 So.2d 25, 25-26 (Fla. 1st DCA 1986). It is true that one portion of section
907.041 authorizes the refusal of bond where it is shown "that ... [t]he 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 ...." §
907.041(4)(b)1, Fla....
0 red0 yellow5 green0 procedural
Cited as authorityHernandez (2004)phrase: "rule_authority"
Cited as authorityPaul (2001)phrase: "rule_authority"
Cited as authorityParker (2001)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 134209
...pa, for Respondent. PER CURIAM. Dayne Miller petitions this court, a second time, for a writ of habeas corpus. Miller is being held without bond on the charge of burglary of an occupied dwelling, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2007)....
0 red0 yellow5 green0 procedural
Cited as authorityPerez-Riva (2014)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 1502626
...The issue here is whether a motion for pretrial detention filed by the state is a necessary prerequisite to detaining a criminal defendant prior to trial when the defendant is charged with an offense that may subject him or her to pretrial detention pursuant to section 907.041, Florida Statutes (2005), and the defendant is found to be a danger to the community, a flight *1156 risk, or one who will undermine the integrity of the judicial process....
...I believe that if this is indeed what the court intended, far too much discretion is taken away from the trial court to hold an accused without bond, and too much discretion is placed in the hands of the prosecutor to make that determination. Moreover, I believe that such a requirement contravenes the expressed purpose of section 907.041, which provides, in pertinent part, that "[i]t 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." § 907.041(1), Fla. Stat. (2005). Ho was charged with an offense for which pretrial detention may be ordered. See § 907.041(4)(c)(3), Fla....
...where the proof of guilt is evident and the presumption great; or (2) where no condition of release can reasonably protect the community, assure the presence of the accused or assure the integrity of the judicial process. Id. The Legislature enacted section 907.041 to implement the 1983 amendment, and the Florida Supreme Court amended rules 3.131 and 3.132 to complement this legislative scheme....
...ly protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or *1158 assure the integrity of the judicial process, the accused may be detained. Fla. Const. Art. I, § 14. The legislative intent behind section 907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it....
...same time. Rule 3.131(a) specifically addresses pretrial release and repeats the constitutional requirements requiring bail and its denial. Ordinarily, of course, the accused seeks the benefit of this rule. Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial detention....
0 red1 yellow0 green0 procedural
Declined to follow(citing case) (2008)phrase: "declined to follow"
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5354, 2011 WL 1434695
...The defendant, Barry Ginsberg, petitions this Court for a writ of habeas corpus, asserting that his pretrial incarceration without bond is unlawful. We grant the petition for writ of habeas corpus and remand to the trial court to hold a hearing pursuant to section 907.041, Florida Statutes (2010) and Florida Rules of Criminal Procedure 3.131 and 3.132....
...harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Article I, § 14, Fla. Const. The State argues the defendant meets the criteria for pretrial detention under section 907.041(4), which provides in pertinent part: (c) 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....
...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. *477 However, a court is required to consider the requirements of section 907.041 and Florida Rules of Criminal Procedure 3.181 and 3.132 before denying a request for pretrial release. Specifically, the State must file a motion seeking pretrial detention within twenty-four hours of the defendant’s arrest. § 907.041(4)(e), (g); Fla....
...A defendant who violates a condition of his pretrial release 1 forfeits his right to continued release under the original bond, but does not forfeit altogether his constitutional right to pretrial release. A trial court’s authority to hold the defendant without any bond is circumscribed by the provisions of section 907.041, see State v....
...[and] shall be held within 5 days of the filing of the motion or the date of taking the person in custody ... whichever is later.” Fla. R.Crim. P. 3.132(c)(1). The defendant “is entitled to be represented by counsel, to present witnesses and evidence and to cross-examine witnesses.” § 907.041(4)(h). Finally, the pretrial detention order “shall contain findings of fact and conclusions of law to support it.” § 907.041(4)(i); Fla....
...ty to be heard” before being denied bond. “Although the breach of a bond condition provides the basis for revocation of the original bond, the trial court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section
907.041].” Roby,
795 So.2d at 190 (quoting Paul,
783 So.2d at 1042 )....
0 red0 yellow3 green0 procedural
Cited as authorityBratton (2014)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2006 WL 1154876
...At a first appearance, a "judicial officer shall proceed to determine conditions of release pursuant to rule 3.131." Fla. R.Crim. P. 3.130(d). Rule 3.131 is directed at the pretrial release decision. To implement the 1983 amendment to article I, section 14 of the Florida Constitution, the "Legislature enacted section 907.041, [Florida Statutes (2005)], which provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime." State v....
...rule 3.131(b)(1). Even if the state had filed a motion for detention, a second problem with the lower court's pretrial detention ruling is that it did not "contain findings of fact and conclusions of law to support it." Fla. R.Crim. P. 3.132(c)(2); §
907.041(4)(c), (i); Paul,
783 So.2d at 1049 n....
...e with the procedural and statutory requirement of specific findings of fact that support a pretrial detention ruling. Having been charged with burglary of a dwelling, Resendes was a candidate for pretrial detention had the state filed a motion. See § 907.041(4)(a)16, Fla. Stat. (2005). Pretrial detention may have been appropriate on any number of grounds. See § 907.041(4)(c)1, 5, 6, 7....
0 red0 yellow1 green0 procedural
Cited as authoritySardinas (2018)phrase: "rule_authority"
CopyCited 4 times | Published | District Court, S.D. Florida | 2001 WL 603530
...The presumption is in favor of pre-trial release, unless the defendant has previously *1342 violated conditions of release, has threatened any victim, witness, juror, or judicial official, is charged with trafficking controlled substances, or is charged with a "dangerous crime." FLA. STAT. § 907.041(4)(b)....
...Card was not evaluated within 72 hours. In fact, even assuming the County's version of events is correct, almost three weeks passed before the evaluation took place. *1343 As best I can tell from the record before me, Mr. Card was not provided or offered the procedures set forth in § 907.041, Rules 3.131 or 3.210, or Florida's Baker Act....
0 red0 yellow4 green0 procedural
Cited as authorityDemitro (2023)phrase: "rule_authority"
Cited as authorityEdwards (2019)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861615
...The State concedes, and we agree that the petition should be granted because the trial court did not make a finding that Johnson's failure to appear was willful and that no reasonable bond conditions could secure Johnson's presence at trial. Winters v. Jenne,
765 So.2d 54 (Fla. 4th DCA 1999). See also §
907.041(4)(c)1, Fla. Stat. (2005); State v. Paul,
783 So.2d 1042, 1049 n. 11 (Fla.2001) (holding that the findings required by section
907.041 must be made even if the defendant's failure to appear is willful)....
0 red0 yellow1 green0 procedural
Cited as authorityResendes (2006)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1987 WL 3333
...If an individual is presumed innocent until proven guilty, however, how can it validly be assumed that individuals "under indictment" necessarily present a greater risk to society than other citizens? There are, of course, provisions for deprivation of *105 liberty while pending trial in certain cases. See § 907.041, Fla....
0 red0 yellow1 green4 procedural
ApprovedYoung (1990)phrase: "approved by"
Cert. deniedLite (1992)phrase: "cert. denied"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 9600, 2009 WL 2031305
...the judicial process." Art. I, § 14, Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla....
...In Paul, the supreme court agreed with Judge Taylor's dissent in Bradshaw. See id. at 1049 n. 11. Pretrial detention based on a violation of a bond condition, other than the commission of a new offense while on pretrial release, is subject to the requirements of section 907.041, Florida Statutes. See § 907.041(4)(c)7, Fla....
...ear was willful and that "no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." Art. I, § 14, Fla. Const.; § 907.041(4)(c)7, Fla....
0 red0 yellow3 green0 procedural
Cited as authorityBoatman (2011)phrase: "rule_authority"
Cited as authorityBlair (2010)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1959
...e bail until the moment of adjudication." Cheatham v. Novell,
382 So.2d at 361. Article I, section 14, however, was amended at the November 2, 1982, general election. See In Re Rules of Criminal Procedure 3.130 (Bail Bond),
436 So.2d 60 (Fla. 1983); §
907.041, Fla....
...sed may be detained. The effect of the amendment, which was proposed by the legislature, was to allow courts to deny bail, in certain situations, to persons accused of offenses other than capital offenses or offenses punishable by life imprisonment. Section 907.041, Florida Statutes (1983), provides an elaborate statutory scheme to implement Article I, section 14, as amended. The legislative intent of this statute, and the intent of the amendment to Article I, section 14, is expressed in section 907.041(1), Florida Statutes: 907.041....
...easing, 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. Under section 907.041(4)(b) of the statute, a person accused of committing a "dangerous crime" [2] may be held if any of four enumerated conditions is met. The first three are inapplicable in this case, but the fourth, section 907.041(4)(b)4, allows pretrial detention if the court finds a substantial probability that "the defendant poses the threat of harm to the community." This subsection further requires, however, that the defendant meet at least one of the foll...
...h or life imprisonment; (2) the defendant has been convicted of a "dangerous crime" within the last ten years; or (3) the defendant is on probation, parole, pretrial release for a dangerous crime, or any other release pending completion of sentence. § 907.041(4)(b)4, Fla. Stat. (1983). The record is barren of evidence of any of these three requirements as well as any evidence that the defendant poses a present threat of harm to the community at large. Because section 907.041(4)(h) requires that the pretrial detention order, if any, "shall be based solely upon evidence produced at the hearing," we find that the court lacked statutory and constitutional authority to withhold bail in this case....
...GLICKSTEIN, Judge, concurring specially. I concur with the majority that it was error to deny bail because of the constitutional and statutory requirements which the trial court failed to follow. I further concur that the majority has accurately recited that because of section 907.041(4), Florida Statutes (1983); it is not enough to deprive an accused such as this defendant of pretrial release by showing that he poses a threat to the community. He must also fall within one of the three additional requirements of section 907.041(4)(b)4(a), (b) or (c). I am unwilling to join the conclusion of the majority that the record is barren of evidence that the accused poses a threat of harm to the community. Section 907.041(4)(b)4 initially provides that the court may order pretrial detention if it finds: [3] *812 4....
...rt will be required to consider the criteria listed in section
903.046(2), Florida Statutes (1983). NOTES [1] The provisions of this section appear verbatim in rule 3.131(a), Florida Rules of Criminal Procedure. [2] "Dangerous crimes" are defined in section
907.041(4)(a), Florida Statutes (1983)....
...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... . §
907.041(4)(b), Fla....
0 red0 yellow3 green0 procedural
Cited as authorityPaul (2001)phrase: "rule_authority"
Cited as authorityPaul (1999)phrase: "rule_authority"
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 107755
...He rejected the request for a $50,000 bail made by the state but set it at $25,003 and set pretrial for June 27. Sikes petitioned this court for relief by petition for writ of habeas corpus. He argued that the state did not file a motion for preventive detention pursuant to section 907.041, Florida Statutes, nor did the trial judge make any factual findings necessary for such detention....
0 red0 yellow1 green0 procedural
FollowedKeane (1993)phrase: "followed in"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22989018
...Galen Golden petitions this court for a writ of habeas corpus. Golden is being held without bond on charges of aggravated assault with a deadly weapon and violation of injunction against repeat violence, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002)....
0 red0 yellow1 green0 procedural
Cited as authorityHo (2006)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 290225
...dant's further criminal conduct. As a threshold matter, while the trial court has the authority to arrest and commit a defendant released on bail for a breach of the undertaking, the subsequent proceedings are nevertheless controlled by the terms of section
907.041, Florida Statutes. Metzger v. Cochran,
694 So.2d 842 (Fla. 4th DCA 1997). Here the court ordered pretrial detention under section
907.041(4)(b)4., finding that the defendant poses a threat of harm to the community. Petitioner concedes that he is charged with a "dangerous crime" pursuant to section
907.041(4)(a)16. However, in addition to such a pending charge, section
907.041(4)(b)4....
...release for a dangerous crime at the time of his arrest for burglary. The respondent argues, however, that the defendant's delinquency adjudications while a minor, including as many as 12 burglaries and a number of assaults and batteries, satisfy subsection 907.041(4)(b)4.b....
...By contrast, the legislature has, in other contexts, spoken to the effect of prior juvenile convictions. See, e.g., §§ 921.0011(5), Fla. Stat. (1997)(sentencing guidelines);
90.610(1)(b) (evidence). The absence of any clarification by the legislature regarding the applicability of juvenile adjudications to section
907.041(4)(b)4.b....
...uency proceedings). Upon consideration of the above, we find that the petitioner does not satisfy the statutory criteria for pretrial detention and we therefore order his immediate release from custody. Our holding is limited to an interpretation of section 907.041 as now in effect....
...LAWRENCE, J., dissents with written opinion. LAWRENCE, Judge, dissenting. I respectfully dissent, and would deny Moody's petition for writ of habeas corpus. Moody, twenty-one years old, undisputedly is charged with a "dangerous crime" as defined in section 907.041, [1] specifically, burglary of a dwelling....
...an adult from pretrial detention. The legislature's clear statement of intent is public safety, evidenced by the express statutory statement that its "primary consideration [is] the protection of the community from risk of physical harm to persons." § 907.041(1), Fla....
...The trial judge's decision to leave Moody incarcerated in the Leon County Jail pending trial in my view is both a sound one, and the one mandated by the pretrial-detention statute. I therefore would deny Moody's petition for writ of habeas corpus. NOTES [1] Section 907.041, Florida Statute (1997), in relevant part, provides: 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 com...
0 red0 yellow3 green0 procedural
Cited as authorityJM (2002)phrase: "rule_authority"
Cited as authorityJ.M. (2002)phrase: "rule_authority"
Cited as authorityPaul (2001)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15242, 2011 WL 4445630
...Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Respondent. PADOVANO, J. Anthony Bush, the defendant in a pending criminal case, petitions this court for a writ of habeas corpus to review an order entered under the pretrial detention statute, section 907.041, Florida Statutes (2011)....
...first appearance judge, in order to trigger the trial court's mandatory review of its motion. See Fla. R. Crim. P. 3.132(c). Rather, the State's burden is to show "beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes." Fla. R. Crim. P. 3.132(c)(1). The comprehensive statutory scheme of section 907.041, Florida Statutes (2010), circumscribes the trial court's authority to order pretrial detention. In relevant part, it provides that a court may order pretrial detention if it finds a substantial probability that "[t]he defendant poses the threat of harm to the community." § 907.041(4)(c)5....
...s weight. See Hernandez v. State,
56 So.3d 752, 758 (Fla. 2010) ("When reviewing the sufficiency of evidence presented to a trier of fact, our task is not to . . . reweigh the evidence."). For the foregoing reasons, I respectfully dissent. NOTES [1] Section
907.041, Florida Statutes sets the substantive requirements for pretrial detention in noncapital cases. However, the Legislature has expressly deferred to the courts as to the procedural requirements for pretrial detention. See §
907.041(2), Fla....
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2673907
...same time. Rule 3.131(a) specifically addresses pretrial release and repeats the constitutional requirements requiring bail and its denial. Ordinarily, of course, the accused seeks the benefit of this rule. Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial detention....
0 red0 yellow2 green0 procedural
Cited as authorityBush (2011)phrase: "rule_authority"
Cited as authorityWatkins (2011)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1856
...constituted "more than just mere crowd control." The state did not oppose the setting of bond but only objected to the amount suggested by Mininni. Neither here nor at the subsequent hearing was it suggested that the pretrial detention provisions of section 907.041(4), Florida Statutes (1983), were applicable to Mininni....
0 red0 yellow2 green1 procedural
Cited as authorityPerry (1992)phrase: "rule_authority"
Review deniedKirkland (1995)phrase: "review denied"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 99597
...The trial court found, after an evidentiary hearing, that there was probable cause to believe Parker had committed a new crime while on pretrial release and ordered his detention pursuant to recently enacted Florida Statute §
903.0471 (2000), which provides: Violation of condition of pretrial release. Notwithstanding §
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release. Section
907.041, entitled "Pretrial detention and release," contains very specific criteria for trial courts to apply when determining if a defendant can be released prior to trial. Parker argues, relying on the Florida Constitution and section
907.041, that the new statute violates his procedural and substantive due process rights....
...assure the integrity of the judicial process, the accused may be detained. Before the passage of section
903.0471, the law in this court conflicted with the law in two other district courts of appeal on the issue of whether a trial court must follow section
907.041, after pretrial release was revoked for violation of a condition. In Paul v. Jenne,
728 So.2d 1167 (Fla. 4th DCA), rev. granted,
741 So.2d 1137 (Fla.1999), this court adhered to its prior decisions requiring trial courts to comply with section
907.041 the second time around and certified conflict with Houser v. Manning,
719 So.2d 307 (Fla. 3d DCA 1998) and Gardner v. Murphy,
402 So.2d 525 (Fla. 5th DCA 1981). The Houser and Gardner courts had concluded that after the revocation of release for violation of a condition, neither section
907.041, nor Article I, section 14 of the Florida Constitution, applied when the defendant again sought pretrial release....
...v. State,
768 So.2d 529 (Fla. 4th DCA 2000). Although newly enacted section
903.0471 was not in effect when release was revoked in Barns, this court relied on the new legislation in order to determine whether the legislature had previously intended section
907.041 to apply after a trial court revoked pretrial release....
...Canada Dry Bottling Co. of Fla.,
59 So.2d 788 (Fla.1952)(subsequent legislation can be considered in order to arrive at the correct meaning of a prior statute). We concluded that section
903.0471 clarified that the legislature had not intended that section
907.041 had to be followed after a defendant committed a new crime while on pretrial release....
...asonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Fla. Const. Art. I, § 14. The legislative intent behind section
907.041 was not to narrow the breadth of the trial court's discretion under the state constitution, but to be coextensive with it. Barns,
768 So.2d at 532-33. Barns, as we said earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under section
907.041, not section
903.0471....
...[2] Parker also argues that section
903.0471 violates substantive due process because it authorizes a court to deny a second pretrial release upon finding probable cause that a defendant committed a new crime, which is less than the burden on the state when pretrial detention is sought under section
907.041....
...e, which is a sufficient basis on which to make an arrest, is too low a standard to be constitutional. Nor do we agree with Parker that his procedural due process rights were violated because he did not receive the procedural safeguards contained in section 907.041, which is applicable to initial pretrial release hearings....
...We deny the petition. WARNER, C.J., and DELL, J., concur. NOTES [1] In Barns, the defendant had not actually committed a new crime, but rather had violated a condition of his pretrial release. The same legislature which passed section
903.0471 also amended section
907.041 to authorize pretrial detention if the court finds that: 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. §
907.041(4)(b)7. [now numbered §
907.041(4)(c)7] The trial court in this case was not applying this amendment, but rather the more specific section
903.0471, which is applicable only when there is reasonable cause to believe the defendant has committed a crime while on pretrial release....
0 red0 yellow2 green0 procedural
Cited as authorityParker (2003)phrase: "rule_authority"
Cited as authoritySpears (2002)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 418748
...Mielke, Assistant Attorney General, for respondent. Before COPE, GODERICH and RAMIREZ, JJ. COPE, J. Michael Azadi petitions for a writ of habeas corpus, challenging the trial court's order directing that he be detained without bond pursuant to the pretrial detention statute, section 907.041, Florida Statutes (2000)....
0 red0 yellow2 green0 procedural
Cited as authorityBrown (2018)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...uestion presented. During the pendency of the proceedings, it is conceded that the status of all petitioners has changed from the time in which each was entitled to seek pretrial release pursuant to *1165 Florida Rule of Criminal Procedure 3.131 and section 907.041, Florida Statutes (1993)....
...the uniform operation of the circuit under rule 2.050(b). [1] While the order explicitly recognized and continued the magistrates' existing prerogative to determine the terms and conditions of pretrial release in accordance with sections
903.046 and
907.041(3) and rule 3.131(b), by the very terms of the order the trial judge's discretionary authority was limited by the criteria delineated and the list of offenses for which exclusion from the program was ordered as mandatory....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610447
...indings that Lee's failures to appear were willful and that no reasonable bond conditions could secure Lee's presence at trial. Resendes v. Bradshaw,
935 So.2d 19, 20 (Fla. 4th DCA 2006); Johnson v. Jenne,
913 So.2d 740 (Fla. 4th DCA 2005); see also §
907.041(4)(c)1, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 75916
...otect the community from the risk of harm. The judge refused to set a higher bond and enforced a "no-bond hold." The order denying petitioner's motion to reinstate bond did not include the pretrial detention findings required by rule 3.132(c)(2) and section 907.041(4) or any conclusions of law. § 907.041(4), Fla. Stat. (1997); Fla.R.Crim.P. 3.132(c)(2). The state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 criteria....
...The trial court's order therefore is not properly based on the requirements for pretrial detention without bond. Dupree v. Cochran,
698 So.2d 945 (Fla. 4th DCA 1997); Metzger v. Cochran,
694 So.2d 842, 842 (Fla. 4th DCA 1997); Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995); §
907.041(4), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 64152
...Upon a review of the record, it appears that the trial court misconstrued a prior order of this court dated December 29, 1989 granting a petition for a writ of habeas corpus. That order directed that a bond hearing be conducted or that an order be entered denying bond in accordance with Florida Statutes 907.041....
...1980) to this offense notwithstanding potential findings that the proof is evident and the presumption great. As a result, the trial court proceeded under the conclusion that the mandate of this court removed all discretion to deny bail absent proof of the factors in section 907.041(4)(b)4 a-c. We grant certiorari and quash the order setting bond. The criteria for denying bail set forth in section 907.041 are complementary to, and do not replace, the discretion of the court to deny bail, recognized in State v....
0 red0 yellow1 green0 procedural
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 314524
...Before the Merdian trilogy, a trial court's handling of pretrial release after a bond violation was a discretionary decision, once the court made the finding that criminal conduct or a willful violation had occurred. This court has narrowed the scope of that discretion by forcing the proceeding to filter through section 907.041, Florida Statutes (1999), a section not intended to cover violations of an existing bond or condition of release. The statute we have misapplied is section 907.041, Florida Statutes (1999), entitled "Pretrial detention and release." That statute does not apply to the situation at issue in this case, where a defendant has willfully violated a condition of an existing bond. Section 907.041 comes into play when the state seeks to have the defendant held in jail without bond for defined "dangerous crimes," from the time of arrest until trial. The legislative intent set forth at section 907.041 states: 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. (Italics supplied). The statute's reference to "failing to appear at trial" and the reference in section 907.041(4)(b)1....
...ons that occurred on a previous offense when pretrial release is opposed for the current offense. See Houser v. Manning,
719 So.2d 307, 311 (Fla. 3d DCA 1998). Such information is typically provided by the state to the judge at the first appearance; section
907.041(4)(c)4....
...aining to the defendant's past conduct *322 and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings. One factor most heavily weighs in favor of the interpretation that section 907.041 applies to release after arrest on a new chargethe procedures outlined in section 907.041 all contemplate events occurring shortly after arrest on a new substantive charge. [1] The procedures and required findings set forth in section 907.041 bring an initial denial of pretrial release within article I, section 14 of the Florida Constitution which states that in non-capital cases, a defendant "shall be entitled to pretrial release on reasonable conditions." That section of...
...y protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Id. This quoted language was added to the constitution in 1982. Section 907.041 tucks neatly into this constitutional provision by defining the standards for the type of pretrial detention which commences from the inception of a case. See § 907.041(3), Fla. Stat. (1999). Section 907.041 thus implemented the 1982 constitutional amendment in those non-capital cases where the state seeks to hold a person in jail from the time of arrest....
...A separate statutory and rule framework apply to the situation where a defendant violates a condition of an existing bond by committing criminal acts. Sections
903.046-903.047, Florida Statutes (1999), have been ignored by this court. Unlike the more narrow focus of section
907.041, sections
903.046-903.047 broadly define the powers of the court in all bail/pretrial release situations....
...has always been within the inherent power of a court where a defendant willfully violates a condition of release or engages in further criminal conduct. See Houser,
719 So.2d at 308-309. Section
903.046 was passed in the same legislative session as section
907.041. Section
903.046 was enacted in section 41 of Chapter 82-175, Laws of Florida, an omnibus statute "relating to bail and bail bondsmen." That statute was approved by the Governor on April 20 and filed with the Secretary of State on April 21, 1982. Section
907.041 was created by Chapter 82-398, Laws of Florida; it was approved by the Governor on June 29 and filed with *323 the Secretary of State on June 30, 1982. [2] Section
903.046, the broader statute, should be read to apply to those situations falling outside of the more narrow statute, section
907.041. One example demonstrates that section
907.041 should not be read to apply where a defendant has violated the statutory bond condition that a "defendant refrain from criminal activity of any kind." A serial auto burglar, who diligently makes all court appearances, would always be entitled to pretrial release, no matter how many such crimes were committed while on pretrial release. This is because auto burglary does not fit within the definition of a "dangerous crime" found in section
907.041(4)(a). Detention would therefore not be authorized under section
907.041(4)(b)4.; the court would be precluded from finding that the defendant poses a threat of harm to the community, because auto burglary is not a dangerous crime....
...Most of the majority opinion correctly cites to Florida Rule of Criminal Procedure 3.131 as the basis for the reversal. However, the last paragraph of the majority opinion includes the following language: It is the state's burden to prove the need of pretrial detention. Section
907.041(4)(f), Fla. Stat., which it must show beyond a reasonable doubt. See Fla. R.Crim. P. 3.132(c)(1).
654 So.2d at 576. By this language, without explanation or citation to authority, Merdian pulled both section
907.041 and Rule 3.132 into a case involving the revocation of an existing bond. See Houser,
719 So.2d at 309 (suggesting that Merdian was litigated on "the unexamined assumption that the only basis for refusing readmission to bond would be if the defendant qualified for pretrial detention under section
907.041.")....
...iminal Procedure 3.131(g)(1) to arrest and commit a defendant at large on bail for a breach of the undertaking; however, refusing to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove, §
907.041(4)(f), beyond a reasonable doubt, Fla. R.Crim. P. 3.132(c)(1). Merdian v. Cochran,
654 So.2d 573, 576 (Fla. 4th DCA 1995).
694 So.2d at 842-43. Metzger thus relied only on Merdian to bring Rule 3.132 and section
907.041 procedures into cases where a defendant's bond was revoked for violating a condition of the bond, that the "defendant refrain from criminal activity of any kind." §
903.047(1)(a), Fla. Stat. (1999). Neither Metzger nor Merdian engaged in any analysis before injecting section
907.041 into the bond revocation equation. Relying only on Merdian and Metzger, in Paul we continued to hold that a trial court's authority to revoke bond "is circumscribed by the provisions" of section
907.041....
...Our extension of the law in Metzger, Merdian, and Paul has limited the inherent power of the trial courts and compromised the integrity of the judicial process, without a clear signal from the legislature that the decision on bond revocation should be elevated to such an exalted position in the criminal process. Section 907.041 does not say that it applies to revocations of existing bonds; it should not be read as creating such a fundamental change in the law without explicit direction from the legislature....
...*325 In sum, under the correct application of the applicable bond statutes, once a violation of a condition of release has been proven, revocation is a discretionary decision of the trial judge under rule 3.131(h). The law does not require the trial judge to apply section
907.041 in making the "bail after recommitment" decision. NOTES [1] For example, section
907.041(4)(c), Florida Statutes (1999), requires the arresting agency to "promptly notify" the state attorney of the arrest of a person "charged with a crime for which pretrial detention could be ordered." The arresting agency is to provide the state attorney with information as to the "nature and circumstances of the offense charged" and "previous flight to avoid prosecution, or failure to appear at court proceedings." §
907.041(4)(c)1. & 4., Fla. Stat. (1999) (italics supplied). Section
907.041(4)(d) permits an arresting agency to detain a defendant for a period not exceeding 24 hours before the state attorney files a motion seeking pretrial detention. Section
907.041(4)(e) provides for a pretrial detention hearing "within 5 days of the filing by the state attorney of a complaint to seek pretrial detention." [2] Section
903.047, Florida Statutes (1999), was enacted in 1984....
0 red0 yellow2 green0 procedural
Cited as authorityPaul (2001)phrase: "rule_authority"
Cited as authorityBarns (2000)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 119990
...While a defendant who has been released on bail may be arrested and committed for violating a condition of pretrial release pursuant to Florida Rule of Criminal Procedure 3.131(g)(1), the trial court may not thereafter refuse to impose any conditions of release unless the state proves, see § 907.041(4)(f), Fla....
...ail or other conditions of pretrial release, it cannot be the entire basis for pretrial detention.
694 So.2d at 843. The primary consideration in ordering pretrial detention is "the protection of the community from risk of physical harm to persons." §
907.041(1), Fla....
...al harm to the victim or to anyone else in the community. Moreover, the statute further provides that the trial court may order pretrial detention when it finds a substantial probability of the existence of one of the four circumstances specified in section 907.041(4)(b). Section 907.041(4)(b)1 relates to violations of pretrial releasebut it requires a finding "that no further conditions of release are reasonably likely to assure the defendant's appearance at subsequent proceedings." § 907.041(4)(b)1....
...revent the obstruction of the judicial process." § 970.041(4)(b)2. The trial court did not make a finding that Petitioner had acted in a way so as to threaten to obstruct the judicial process. The third circumstance relates to drug trafficking, see § 907.041(4)(b)3, which has no application to this case....
...tions: (1) previous conviction of a crime punishable by death or life in prison, (2) conviction of a dangerous crime within ten years preceding arrest for the instant crime, or (3) being on some type of release at the time of the current arrest. See § 907.041(4)(b)4.a, b, & c. The trial court did not make a finding as to any of these additional conditions; nor is there support for any of them in the transcript. A pretrial detention order must be based solely on facts presented at the hearing. See § 907.041(4)(h)....
...rial detention based on any of the four circumstances specified in the statute. While the trial court did make findings on which the pretrial detention was based, these findings are not sufficient to justify pretrial detention under the statute. See § 907.041(4)(b)....
...Accordingly, we grant the petition, vacate the amended order, and direct the trial court to consider whether there are any conditions of release that can assure the safety of the community. If the trial court again decides to detain Petitioner pending trial, it shall include the findings required by rule *982 3.132(c)(2) and section 907.041(4)(h) in its order, including findings as to at least one of the four circumstances specified in section 907.041(4)(b)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 393678
...State,
727 So.2d 1002 (Fla. 4th DCA 1999). The court should also consider whether any conditions of release are reasonably likely to assure her appearance at subsequent proceedings, and if appropriate to reinstate bail with such necessary conditions. See §
907.041, Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 186962
...The trial court has denied petitioner's motions without making any findings of actual violation of house arrest, or whether there were any conditions of release which could reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial. This is a requirement of section 907.041(4)(c)7., Florida Statutes (2002)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 67340
...there are any conditions of release that can assure the safety of the community. If the trial court again determines that pretrial detention is necessary, it shall include the findings required by Florida Rules of Criminal Procedure 3.132(c)(2), and section 907.041(4)(h), Florida Statutes (1997), in its order as outlined in Merdian....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 1889106
...He also argues he was denied his "constitutional" right to cross-examine the state witness who prepared the affidavit, or to confront the evidence. Section
903.0471, Florida Statutes, provides for revocation of bail under the circumstances presented in this case. It states: Notwithstanding section
907.041, [1] a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
...Can it be based on hearsay evidence, alone, in the form of a probable cause affidavit? Perry argues that Florida Rule of Criminal Procedure 3.132(c)(1) requires that an order of pretrial detention not be based exclusively on hearsay evidence. It is the procedural counterpart to section
907.041, the pretrial detention statute. However, *303 section
903.0471 is independent of section
907.041, and the procedures and requirements of the two are different....
...oke bail in the first case based solely on a probable cause affidavit prepared in the second case for an arrest warrant or a probable cause determination at first appearance. There is no indication in the language of section
903.0471, in contrast to section
907.041, that the Legislature intended there be an adversary hearing or that there be proffered anything other than the kind of evidence required to support an arrest warrant or probable cause determination at first appearances. Nor do the federal or state constitutions or other statutes and rules of this state require anything more. Petition for Writ of Habeas Corpus DENIED. THOMPSON, C.J., and MONACO, J., concur. NOTES [1] Section
907.041, Florida Statutes (2002), is the pretrial detention and release statute governing the procedure after an arrest....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 275970
...lease that could reasonably assure the petitioner's presence at trial. Furthermore, the order did not contain factual findings and conclusions of law in support of pretrial detention, as required by Florida Rule of Criminal Procedure 3.132(c)(2) and section 907.041(4), Florida Statutes (1997). The state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 criteria. This court has consistently held that a denial of bond after a bond revocation must be based on a showing of the need for pretrial detention, pursuant to the criteria in section 907.041, Florida Statutes, and rules 3.131 and 3.132....
...tute. Although, as the majority points out, the traditional purpose of bail is to secure the defendant's appearance for trial, the legislature has recognized that protection of the community is equally, if not more, important in bail determinations. Section 907.041 sets forth the legislative intent to protect the safety of the community, as *113 well as assure the presence of the accused at trial. [2] Thus, a defendant who commits a new crime while out on bond can be held without bond just as defendant who fails to appear for a court proceeding. There are factors set forth in section 907.041(4)(b)4 that the court can apply to either type of bond violation when denying bond. [3] For instance, a defendant who commits a new crime while out on bond can be detained without bail pursuant to the factors set forth in section 907.041(4)(b)4. A defendant who fails to appear for a court proceeding, such as the defendant in this case, can be denied bail under section 907.041(4)(b)1, upon a finding that 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." Under either sce...
...Cochran,
654 So.2d 573 (Fla. 4th DCA 1995), as those cases concern defendants who violate the pretrial condition of refraining from criminal activity. The instant case concerns a defendant's failure to appear as a basis for denying or revoking bond. [2] See §
907.041(1), Fla. Stat. (1997): "It is the intent of the Legislature that the primary consideration be the protection of the community." [3] Section
907.041(4)(b) states: (b) 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....
1 red0 yellow2 green0 procedural
Receded fromBlair (2010)phrase: "receded from"
Cited as authorityBlair (2009)phrase: "rule_authority"
Cited as authorityPaul (2001)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 WL 1084968, 2011 Fla. App. LEXIS 3990
...rnatively denied the petitioner's motion to set bond. While we agree with the petitioner that the crime of criminal solicitation of murder is not included in the statutory list of dangerous crimes for which the state may seek pretrial detention, see § 907.041(4)(a), Fla....
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...The court again found that the proof of guilt was evident and the presumption great. However, the court was erroneously persuaded by defense counsel that the petitioner could not be held without bond absent satisfaction of the criteria set forth in Section 907.041, Florida Statutes (1985)....
...The court, therefore, over the persistent objections of the prosecuting attorney, granted the petitioner's motion for pretrial release and set bond in the amount of $1,000,000. Petitioner does not urge upon us, as he did the trial court, that he could not be detained without satisfaction of the Section 907.041 criteria....
...However, as earlier noted, the fact is that the decision to set bail for the petitioner was not made in the exercise of the judge's discretion, as contemplated in Arthur, supra, but rather as a result of the judge's erroneous assumption that he was compelled to do so by Section 907.041....
...And so we find: (1) that the petitioner was not entitled, by virtue of Art. I, section 14, to be admitted, as of right, to bail; (2) that, in setting bail, the trial court was not exercising the discretion contemplated by Arthur, but, instead, set bail only because of the trial court's erroneous assumption that Section 907.041 compelled such action; and (3) even if the trial court had set bail in the exercise of the discretion permitted by Arthur, such would have been a clear abuse of that discretion....
0 red0 yellow1 green0 procedural
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564
...an offense punishable by life imprisonment. On the other hand, the pertinent statute and rules of procedure appear to be directed to the second, more general, exception to the right of pretrial release, which may be applied regardless of the charge. Section 907.041, Florida Statutes (2012), is entitled “Pretrial detention and release.” It sets forth a scheme wherein there is a presumption in favor of releasing an accused on nonmonetary conditions unless he or she is charged with a “dangero...
...rocess. 4 *1223 When assessing whether there is a substantial probability of one of the seven circumstances, the court may consider the defendant’s behavior patterns, the criteria in section
903.046, Florida Statutes, and any other relevant facts. §
907.041(4)(e)....
...Section
903.046 lists required considerations applicable to bail determinations generally. Among them is “[t]he weight of the evidence against the defendant.” §
903.046(2)(b), Fla. Stat. (2012). For purposes of the statute, offenses qualifying as dangerous crimes which may warrant pretrial detention are listed in section
907.041(4)(a)....
...For example, number 18 on the list is an “[a]ct of domestic violence as defined in s.
741.28.” Under the referenced statute, domestic violence may include a simple assault or battery. §
741.28(2), Fla. Stat. (2012). It is apparent, then, that section
907.041 is directed to the second, general, exception to the right of pretrial release set forth in article I, section 14....
...If so, he or she may be detained in custody pending the second step in the process, an adversarial final hearing on pretrial detention. At the final hearing, the State must prove beyond a reasonable doubt that pretrial detention is necessary under the criteria set forth in section 907.041....
...gs required by that rule. The Instant Case In Preston’s case, the State did not file a motion for pretrial detention under rule 3.132, nor did the court receive evidence sufficient to demonstrate the need for pretrial detention under that rule and section 907.041....
...urrently 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. .Section 907.041(4)(a) provides: (a) As used in this subsection, "dangerous crime” means any of the following: 1....
0 red0 yellow1 green0 procedural
Cited as authorityReeves (2014)phrase: "rule_authority"
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
...24 Opinion of the Court 20-11994
clearly do so when there is probable cause to believe
that a person has committed a serious crime of vio-
lence against another. Cf. § 907.041(4)(c)5., Fla....
0 red0 yellow23 green1 procedural
Cited as authorityDormeus (2026)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 6608
*1165Florida Rule of Criminal Procedure 3.131 and section
907.041, Florida Statutes (1993). Notwithstanding the
0 red0 yellow2 green2 procedural
Cited as authorityHewlett (1995)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1781349
...The provision does not authorize a trial judge to become a prosecutor, issuing orders without any cause whatsoever, not to mention probable cause. In a perversion of logic, the State also seeks to justify the trial court's action by reference to §
903.0471, Fla. Stat. (2000), which reads: Notwithstanding §
907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release....
0 red0 yellow2 green0 procedural
Cited as authorityShaw (2007)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 611684
...If recommended, submit to drug evaluation/screening and possibly complete rehabilitation program or counseling. Upon demand, submit to Random drug tests. Participate in counseling as directed by DJJ or the Court. The child's parent(s)/guardian shall report any violations in writing to DJJ or the Court. [3] Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to delinquency cases....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 181798
...4th DCA 1999); Merdian v. Cochran,
654 So.2d 573 (Fla. 4th DCA 1995). This court in Paul outlined the applicable rules and statutes and continued to hold that the trial court's authority to deny bond pending trial is "circumscribed by the provisions of Florida Statute section
907.041." This court further held that such rule applies even in the face of the defendant's breach of a condition of bond involving new criminal charges. See Paul, 24 Fla.L. Weekly at D583,
728 So.2d at 1171. In short, the trial court may order pretrial detention upon the breach of a bond condition if it finds a substantial probability that the defendant poses a threat of harm to the community. Section
907.041(4)(b)(4) provides that the court can make such finding of "threat of harm" 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. See §
907.041(4)(b)(4), Fla.Stat....
...r a dangerous crime at the time of the current arrest. See Paul, 24 Fla.L. Weekly at D581-82,
728 So.2d at 1168,
1999 WL 104585. We find that the state did not satisfy its burden of proving the requirements for pre-trial detention in accordance with section
907.041....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...At the time of his arrest, he was out on bond on an earlier domestic battery charge. At his initial appearance on the new charges, the first appearance judge ordered Rodriguez to be held without bond on the new charges and revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive statutory scheme setting forth the circumstances when a trial court may deny bond to a person charged with a crime....
CopyCited 1 times | Published | Supreme Court of Florida
...st appearance
hearing, the judicial officerjudge may commit and order the offender to be brought
before the court that granted probation or community control, or may release the
offender with or without bail to await further hearing, notwithstanding section
907.041, Florida Statutes, relating to pretrial detention and release....
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 1258052, 2014 Fla. App. LEXIS 2504
...Although the defendant does not dispute, and we do not find, that the trial court erred by revoking his bond when he failed to appear for a pretrial sounding after receiving both oral and written notice, he contends he is entitled to a full hearing and findings by the trial court pursuant to sections
907.041 and
903.046, Florida Statutes (2014), before pretrial detention may be required based on the motion he filed under Florida Rule of Criminal Procedure 3.131(d)....
...Paul,
783 So.2d 1042, 1051 (Fla.2001), the Florida Supreme Court held that when a defendant breaches a bond condition and his bond is revoked, the trial court may deny the defendant’s subsequent request for a new bond, but the trial court’s discretion is limited by Florida statutes. Section
907.041(4)(c)(7) provides that: (c) 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....
0 red0 yellow1 green0 procedural
Cited as authoritySardinas (2018)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 1494001, 2017 Fla. App. LEXIS 6003
...automatically be released on their own recognizance on the 40th day
unless the state files formal charges by that date.
In no event shall any defendants remain in custody beyond 40 days
unless they have been formally charged with a crime.
Section 907.041(3)(a), Florida Statutes (2016), explains that, while there
exists “a presumption in favor of release on nonmonetary conditions for any person
who is granted pretrial release,” the statute limits that presumption to persons not...
...its intent that such persons be held on
pretrial detention or released on monetary conditions that will assure the presence
of the person at trial and other proceedings, protect the community, and assure the
integrity of the judicial process. See § 907.041(1), (3).
2 Section 907.041(4)(a) defines a “dangerous crime” as including the following
offenses:
1....
...releasing defendants as previously discussed in this opinion. Additionally, the
State seeks a writ of mandamus to require the trial judge to afford the State with a
hearing on its motion for pretrial detention and for consideration of the factors
provided in section 907.041, Florida Statutes.3
In appellate case number 3D17-159, the State seeks a writ of prohibition
prohibiting the trial judge from imposing his stated policy of releasing defendants
ROR or on de minimis conditions, such as a $...
...Dixon, we grant the petition for writ of
certiorari, quash the January 9, 2017 order denying pre-trial detention, and remand
for reassignment of Matienzo’s cases to another judge. Because we are confident
that upon the trial judge’s consideration of this opinion, the trial judge will comply
with sections
903.046, and
907.041, and rules 3.131 and 3.134, we deny the
petition seeking a writ to prohibit the trial judge from imposing his previously
stated policy in future cases.
CONCLUSION
3 Based on our ruling on the petition fo...
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 538, 2009 Fla. LEXIS 1557, 2009 WL 2959235
...ts. A comment was received by the Florida Public Defender Association (FPDA), opposing the mandatory directive that requires the court to initiate a determination of pretrial detention absent a motion by the State. The FPDA relies on the language of section
907.041, Florida Statutes (2008), which specifically contemplates that the State will file a motion for pretrial detention, and the language of section
907.041(4)(g), which states the "state attorney has the burden of showing the need for pretrial detention." The FPDA contrasts the language of section
907.041 with section
903.0471, Florida Statutes (2008), violation of condition of pretrial release, which expressly allows the court to revoke bond "on its own motion" if it finds probable cause to believe that the defendant committed a new crime while on bond....
...307 release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained." The Committee correctly observes that section 907.041, pretrial detention and release, provides in part "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." § 907.041(1), Fla....
...See Parker v. State,
843 So.2d 871, 880 (Fla.2003) (stating that while section
903.0471 only requires that the judge make a finding of probable cause for revocation of a pretrial release, a Florida defendant is accorded a full adversarial hearing under section
907.041 upon his or her initial application for pretrial release)....
...QUINCE, C.J., and PARIENTE, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur. LEWIS, J., concurs in result only. APPENDIX RULE 3.132.PRETRIAL DETENTION (a) Motion Filed at First Appearance. A person arrested for an offense for which detention may be ordered under section 907.041, Florida Statutes, shall be taken before a judicial officer for a first appearance within 24 hours of arrest....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14626, 2011 WL 4089990
...Even if we were to accept the clerk's mailing of notice to petitioner's last known address as sufficient in this case, the trial court did not find 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." § 907.041(4)(c)7., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6455, 2011 WL 1706033
...ecord that the trial court made no findings that “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,” a requirement of pretrial detention under section 907.041(4)(c)7., Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3371, 2012 WL 686647
...VAN NORTWICK and ROBERTS, JJ., concur; THOMAS, J., concurs with written opinion. THOMAS, J., Concurs with written opinion. The petition for writ of habeas corpus is denied on the merits. I concur in the denial of the Petition for Writ of Habeas Corpus, but write to note that under Section 907.041(4)(k), Fla....
CopyCited 1 times | Florida 3rd District Court of Appeal
...for a writ of habeas corpus,
contending that the trial court, in granting the State’s motion for pretrial
detention, improperly considered the evidence presented at the hearing in a
light most favorable to the State. We agree, and hold neither section
907.041(5)(d), Florida Statutes nor Florida Rule of Criminal Procedure 3.131
provides for such a view of the evidence presented to the trial court at an
evidentiary hearing on a motion for pretrial detention....
...The alleged
use of a deadly weapon reclassified the charged offense from a second-
degree felony to a first-degree felony.
2
One day after filing the Information, the State filed its motion for pretrial
detention pursuant to section 907.041(5)(d), Florida Statutes (2025). The
State asserted: a) Williams was charged with a first-degree felony; b) there
is a substantial probability that Williams committed the charged offense; c)
Williams meets one of the conditions for pretrial detention under section
907.041(5); and d) beyond a reasonable doubt, there is a need to hold
Williams in pretrial detention.
The trial court conducted a hearing on the State’s pretrial detention
motion on December 5, 2025....
...Vivian Williams’ testimony was limited to the so-called “phase two” question
of whether pretrial detention was necessary to protect the community from
risk of physical harm, ensure the presence of the defendant at trial and
assure the integrity of the judicial process. See §907.041(5)(d), Fla....
...State,
349 So. 3d 930, 932
(Fla. 3d DCA 2022).
ANALYSIS AND DISCUSSION
The question presented in this case is straightforward: in determining
whether the State has satisfied its burden in seeking pretrial detention by
motion filed pursuant to a section
907.041(5)(d), is the trial court required to
view the evidence presented in a light most favorable to the State? To
answer this question, we turn first to Arthur, the case relied upon by the trial
court for its conclusion that it was boun...
...release to a defendant charged with a capital or life offense. See, e.g.,
Mininni,
477 So. 2d at 1015.
8
The instant case, by contrast, involves the State’s motion for pretrial
detention pursuant to section
907.041(5)(d), which is premised upon the
second clause of Article I, section 14 of the Florida Constitution: “If no
conditions of release can reasonably protect the community from risk of
physical harm to persons, assure the presence of the accused at trial, or
assure the integrity of the judicial process, the accused may be detained.”
There is nothing in the plain language of
907.041(5)(d), or its
procedural counterpart, Florida Rule of Criminal Procedure 3.131, that
requires the trial court to view the evidence at a pretrial detention hearing in
a particular manner or in a light most favorable to one party or the othe...
...the statute nor the rule
(each of which was created after the decision in Arthur) provides for a “light
most favorable to the State” assessment of the evidence, and we decline the
invitation to add such language to the existing provisions of section
907.041(5)(d) and rule 3.131....
...‘It is a settled rule of statutory
construction that unambiguous language is not subject to judicial
construction, however wise it may seem to alter the plain language.’”)
(quoting State v. Jett,
626 So. 2d 691, 693 (Fla. 1993)).
In assessing whether the State has met its burden of proof under
section
907.041(5)(d) and rule 3.131, the trial court should weigh the
evidence, resolve factual disputes, and make any necessary credibility
determinations, in the same manner it would view and analyze testimony and
evidence presented at any evidentiary hearing in which the trial court sits as
factfinder....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 21434171
...As the trial court denied the motion to reinstate based solely on Petitioner's violation of a condition of his pretrial release without making any findings as to whether "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," § 907.041(4)(c)7, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2032519
...The defendant, who is charged with committing the crime of first-degree murder, petitions this court for a writ of habeas corpus or, in the alternative, a writ of mandamus, claiming that the trial court erred in failing to comply with the provisions of section 907.041 of the Florida Statutes (2005) and rule 3.132 of the Florida Rules of Criminal Procedure before refusing to reinstate his pretrial release....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 973, 2010 WL 391293
...resumption was great in an Arthur [1] hearing," in order to set "no bond." The defense objected, asserting that the life felony charge had been abandoned. There was then discussion regarding a possible attempt by the State to revoke bond pursuant to section 907.041, Florida Statutes, since aggravated assault is a "dangerous crime." [2] However, these suggestions by the trial judge did not go any further....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2017 WL 632245, 2017 Fla. App. LEXIS 2134
...Petitioner Jorge Guzman has filed a petition seeking issuance of a writ of habeas corpus, to remedy his alleged illegal incarceration. Guzman asserts that the trial court ordered him to be held without bond, without conducting a proper hearing, and without making the necessary findings required under sections
907.041 and
903.046, Florida Statutes (2017), and Florida Rules of Criminal Procedure 3.131 and 3.132....
...tly before the court and the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably protect *1100 the community from risk of physical harm to persons or assure the presence of the accused at trial. § 907.041(4)(c)7., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2428596
...If it has not already done so, the trial court shall hold a bond hearing and consider pretrial release for this case. If the state moves for pretrial detention and the statutory requirements are met, the court may order petitioner detained without bond in this case. See § 907.041(4)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 135693
...re the integrity of the judicial process. Art. I, § 14, Fla. Const. Before denying pre-trial release because of the threat of harm to the community, the court must make several findings, including that the present charge is a "dangerous crime." See § 907.041(4)(b)4., Fla....
...If any judge at first appearance intentionally disregards this opinion and Martina, this court will take whatever action necessary to enforce compliance with constitutional precedent. IT IS SO ORDERED. GOSHORN, C.J., and COBB and THOMPSON, JJ., concur. NOTES [1] § 907.041(4)(a)3., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5166, 2010 WL 1541514
...State,
15 So.3d 758 (Fla. 4th DCA 2009), a trial court's authority to order pretrial detention, even after a failure to appear which violates a bond condition, is circumscribed by the statutes and constitutional provisions. See Art. I, § 14, Fla. Const.; §
907.041(4), Fla....
...pital crimes not punishable by life imprisonment. "If no conditions of release can reasonably . . . assure the presence of the accused at trial or assure the integrity of the judicial process, the accused may be detained." Art. I, § 14, Fla. Const. Section 907.041(4)(c)7., Florida Statutes, permits the court to order pretrial detention if a defendant violates one or more conditions of a bond and "the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 13422, 2001 WL 1131350
...On August 1, 2001, Kevin Roby, petitioner, was taken into custody by the trial *190 court and ordered held without bail until time of trial. He petitions this Court for a writ of habeas corpus alleging that the trial judge revoked his bond without complying with the requirements of section 907.041(c), Florida Statutes (2000)....
...had not yet argued any legal authority in support of his motion. After a brief discussion concerning a new trial date, counsel said: [DEFENSE COUNSEL]: Your Honor, I would ask the Court to release Mr. Roby pending trial. According to Florida Statute 907.041, [sic] regarding pretrial detention, Your Honor— THE COURT: The answer is no, counsel. Petitioner does not challenge the propriety of the issuance of an alias/capias warrant for his arrest. His sole claim is that the trial court erred in denying his motion for release from custody without considering the requirements of section 907.041, Florida Statutes (2000)....
...Paul,
783 So.2d 1042, 1051 (Fla.2001), the Florida Supreme Court held that: [A]lthough the breach of a bond condition provides the basis for revocation of the original bond, the trial court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section
907.041], The record clearly establishes that the trial court did not consider the requirements of the statute....
0 red1 yellow1 green0 procedural
LimitedGinsberg (2011)phrase: "limited by"
Cited as authorityBratton (2014)phrase: "rule_authority"
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 188058
...t; and (2) that there were no conditions of release sufficient to protect the community from the risk of physical harm. However, the respondent concedes that the state failed to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b)....
0 red0 yellow2 green0 procedural
Cited as authorityPaul (2001)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 703, 2013 Fla. LEXIS 2197, 2013 WL 5567077
...The court then found that Graham “does not change the statute with respect to [Treacy’s] right to bond in the present case.” Id. Further, the court found that its reasoning was consistent with the Legislature’s intent in providing pretrial detention, citing section 907.041(1), Florida Statutes (2009): “Based upon the seriousness of the charge in the present case, the [c]ourt’s finding ......
0 red0 yellow1 green0 procedural
Cited as authorityReeters (2017)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 15289
...discretion when it denied the petitioners’ motions for bond.
This Court reviews conditions of a pretrial release under an abuse of
discretion standard. See Hernandez v. Roth,
890 So. 2d 1173, 1174 (Fla. 3d DCA
2004). Sections
903.047(1)(a),
903.0471, and
907.041(4)(c)7, Florida Statutes
(2014), provide for revocation of the defendants’ pretrial release under the
circumstances presented in these cases....
...da Statutes (2014), provides
that “a court may, on its own motion, revoke pretrial release and order pretrial
detention if the court finds probable cause to believe that the defendant committed
a new crime while on pretrial release.” Further, section 907.041(4)(c)7, Florida
Statutes (2014), provides that a court may, within its discretion, order pretrial
detention if a defendant violates pretrial release conditions.
PTI is a discretionary form of pretrial release....
0 red0 yellow1 green0 procedural
Cited as authorityLozoya (2022)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 3129
...If recommended, submit to drug evaluation/screening and possibly complete rehabilitation program or counseling. Upon demand, submit to Random drug tests. Participate in counseling as directed by DJJ or the Court. The child’s parent(s)/guardian shall report any violations in writing to DJJ or the Court. . Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to delinquency cases....
0 red0 yellow1 green0 procedural
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 3357472
...ontinued release under the terms of that bond, it does not forfeit the constitutional right to bail altogether. State v. Paul,
783 So.2d 1042, 1050 (Fla.2001). A refusal to readmit a defendant to any bail at all must be subject to the limitations of section
907.041, the pretrial detention statute. Id. Accordingly, we grant the writ and quash the order denying Fuller’s motion to reinstate conditions of release, and remand for hearing on the motion, at which time the trial court shall consider whether pretrial detention is warranted under section
907.041, Florida Statutes....
0 red0 yellow1 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 12457, 1994 WL 708174
...ease either respondent on bond. The trial judge expressly ruled, however, that a court is bound to set bail for any defendant, even one charged with a first degree felony punishable by life unless the state makes the specialized showing contained in section 907.041(4)(b), Florida Statutes....
...This erroneous ruling constitutes a departure from the essential requirements of law requiring issuance of the writ. In Mininni , the trial court determined that the proof of guilt was neither evident nor the presumption great. The only mention of section 907.041 in the opinion appears where the district court noted that it had never been suggested that the pretrial detention provisions of section 907.041 applied....
...ail in cases where the charge is a first degree felony punishable by life. In State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990), the district court rejected the position that the discretion to deny bail had been removed absent proof of the factors in section
907.041(4)(b). The court held that *1052 “the criteria for denying bail set forth in section
907.041 are complementary to, and do not replace, the discretion of the court to deny bail, recognized in State v....
...e the lower court never found that the proof of guilt was evident or the presumption great. Nonetheless, the trial judge did state in that ease that he had no discretion to deny bail unless the state could present evidence to fulfill the criteria of section 907.041....
0 red0 yellow1 green0 procedural
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8958, 1992 WL 197863
trial court’s stated policy is contrary to section
907.041, Florida Statutes (1991). See also and compare
0 red0 yellow1 green0 procedural
Cited as authorityHouser (1998)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
Florida Rule of Criminal Procedure 3.132 and section
907.041, Florida Statutes (2021), we deny both petitions
CopyPublished | Florida 4th District Court of Appeal | 2007 WL 2812788
petitioner detained without bond in this case. See §
907.041(4)(c), Fla. Stat. (2007). SHAHOOD, C.J., STEVENSON
CopyPublished | District Court of Appeal of Florida
accused at trial.” Art. I, § 14, Fla. Const.; §
907.041(4)(c), Florida Statutes (2014). See Blair v.
CopyPublished | District Court of Appeal of Florida
accused at trial.” Art. I, § 14, Fla. Const.; §
907.041(4)(c), Florida Statutes (2014). See Blair v.
CopyPublished | Florida 3rd District Court of Appeal
the hearings showed that the requirements of section
907.041, Florida Statutes (2017) and Florida Rules
CopyPublished | District Court of Appeal of Florida
the hearings show that the requirements of section
907.041, Florida Statutes (2017) and Florida Rules
CopyPublished | District Court of Appeal of Florida
for an expedited bond hearing pursuant to section
907.041(4)(c), Florida Statutes (2014), and the applicable
CopyPublished | Florida 5th District Court of Appeal
enumerated offenses, such as violations listed in section
907.041, Florida Statutes, which includes an act of
CopyPublished | District Court of Appeal of Florida
Florida Rule of Criminal Procedure 3.132 and section
907.041, Florida Statutes. Alcazar then filed a motion
CopyPublished | District Court of Appeal of Florida
motion for pretrial detention pursuant to section
907.041, Florida Statutes, and separately requested
CopyPublished | District Court of Appeal of Florida
shall conduct a hearing in accordance with section
907.041, Florida Statutes (2014) and Florida Rule
CopyPublished | District Court of Appeal of Florida
shall conduct a hearing in accordance with section
907.041, Florida Statutes (2014) and Florida Rule
CopyPublished | District Court of Appeal of Florida
for an expedited bond hearing pursuant to section
907.041(4)(c), Florida Statutes (2014), and the applicable
CopyPublished | Florida 3rd District Court of Appeal
to await his January 16, 2018 trial date. Section
907.041, Florida Statutes (2017), provides that it
CopyPublished | District Court of Appeal of Florida
CopyPublished | Supreme Court of Florida
Detention). 1 The amendments reflect changes to section
907.041, Florida Statutes (2024), made by chapter
CopyPublished | District Court of Appeal of Florida
is circumscribed by the requirements of section
907.041, Florida Statutes, and Florida Rules of
CopyPublished | District Court of Appeal of Florida
motion for pretrial detention pursuant to section
907.041, Florida Statutes (2022), and Florida Rule
CopyPublished | Supreme Court of Florida
defendant may be detained pending a hearing. §
907.041(4)(f), Fla. Stat. (2021). This rule, applicable
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida | 2016 Fla. App. LEXIS 3893
to make the additional finding required by section
907.041, Florida Statutes' (2016), which provides in
CopyPublished | District Court of Appeal of Florida
a written motion for pretrial detention. See §
907.041(4)(c)(5), Fla. Stat. As we held in Ginsberg v
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 1816242
accordance with the procedures proscribed in section
907.041(4)(c), Florida Statutes (2006)." Petition Granted
CopyPublished | Supreme Court of Florida | 1983 Fla. LEXIS 2682
pretrial detention pursuant to the criteria in section
907.041, Florida Statutes (Supp. 1982). This is a revision
CopyPublished | Supreme Court of Florida
to await further hearing, notwithstanding section
907.041, Florida Statutes, relating to pretrial detention
CopyPublished | District Court of Appeal of Florida
judicial process, the accused may be detained.”); §
907.041(4)(c), Fla. Stat. (2018) (setting out the circumstances
CopyPublished | District Court of Appeal of Florida
State moved for pretrial detention under section
907.041(4)(c), and on April 25, 2021, Garcia moved
CopyPublished | District Court of Appeal of Florida
pretrial detention proceedings pursuant to section
907.041, Florida Statutes (2018), and Florida Rule
CopyPublished | District Court of Appeal of Florida
further proceedings and enters an order under section
907.041(5)(c), Florida Statutes. No costs or charges
CopyPublished | District Court of Appeal of Florida
at 759 (citing Fla. R. Crim. P. 3.132(c)(2); §
907.041(4)(i), Fla. Stat. (2008)); see also Fla. R. Crim
CopyPublished | District Court of Appeal of Florida
court denied nonmonetary release because section
907.041(5)(b), Florida Statutes (2023), prohibits
CopyPublished | District Court of Appeal of Florida
CopyPublished | Supreme Court of Florida
rule 3.132 in light of recent changes to section
907.041, Florida Statutes. See ch. 2023-27, § 4, Laws
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 978, 1986 Fla. App. LEXIS 9014
petitioner was not entitled to bail pursuant to section
907.041, Florida Statutes, (1985). The circuit court
CopyPublished | Supreme Court of Florida
rule 3.132 in light of recent changes to section
907.041, Florida Statutes. See ch. 2023-27, § 4, Laws
CopyPublished | Florida 5th District Court of Appeal
and revoked his bond in the earlier case. Section
907.041, Florida Statutes (2018), provides a comprehensive
CopyPublished | District Court of Appeal of Florida
properly and commendably, concedes error. See §
907.041, Fla. Stat. (2018); State v. Paul,
783 So. 2d
