The 2023 Florida Statutes (including Special Session C)
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. . . Section 907.041, Florida Statutes (2018), provides a comprehensive statutory scheme setting forth the . . .
. . . See § 907.041, Fla. Stat. (2018) ; State v. Paul, 783 So.2d 1042 (Fla. 2001). . . .
. . . Raymond , 906 So.2d 1045 (Fla. 2005), we determined that section 907.041(4)(b), Florida Statutes (2000 . . .
. . . or may release the offender with or without bail to await further hearing, notwithstanding section 907.041 . . .
. . . State's motion was facially insufficient to initiate pretrial detention proceedings pursuant to section 907.041 . . . Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial . . . defendant contended he was "entitled to a full hearing and findings by the trial court pursuant to sections 907.041 . . .
. . . That rule, along with statutory sections 907.041 and 903.046, Florida Statutes (2016), effectuate the . . .
. . . directed to conduct a hearing on the matter of the petitioner's pretrial release pursuant to sections 907.041 . . .
. . . Section 907.041, Florida Statutes (2017), provides that it is the intent of the Legislature to create . . . P. 3.132(c)(2) ; § 907.041(4)(i), Fla. Stat. (2017) ; State v. Paul, 783 So.2d 1042 (Fla. 2001). . . . 2017, conduct a hearing pursuant to Florida Rules of Criminal Procedure 3.131 and 3.132, and section 907.041 . . .
. . . The record and transcripts from the hearings showed that the requirements of section 907.041, Florida . . . hold a hearing no later than Monday, October 30, 2017 and to comply with the requirements of section 907.041 . . . specifically set forth its findings, in accordance with the Rules of Criminal Procedure and section 907.041 . . .
. . . The record and transcripts from the hearings show that the requirements of section 907.041, Florida Statutes . . . release or detention, and any pretrial detention order shall comport with the requirements of section 907.041 . . .
. . . would not issue a certificate because his criminal history related to “a violation enumerated in s.907.041 . . . criminal records that “relate to” certain enumerated offenses, such as violations listed in section 907.041 . . .
. . . As it appears that the trial court’s order denying bond did not comply fully with section 907.041 of . . . The State shall have the opportunity to file a written motion pursuant to section 907.041, and the trial . . .
. . . Section 907.041(3)(a), Florida Statutes (2016), explains that, while there exists “a presumption in favor . . . See § 907.041(1), (3). . . . hearing on its motion for pretrial detention and for consideration of the factors provided in section 907.041 . . . trial judge’s consideration of this opinion, the trial judge will comply with sections 903.046, and 907.041 . . . Matienzo to receive credit for the time he remained in custody until the bond of $1 was posted. .Section 907.041 . . .
. . . without conducting a proper hearing, and without making the necessary findings required under sections 907.041 . . . the community from risk of physical harm to persons or assure the presence of the accused at trial. § 907.041 . . .
. . . Further, the trial court failed to make the additional finding required by section 907.041, Florida Statutes . . . community from risk of physical harm to persons or assure the ■ presence of the accused at trial. § 907.041 . . .
. . . Stat. (2015) (“Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and . . .
. . . See § 907.041(3)(a), (4)(b), Fla. Stat. (2015). This opinion now follows. . . .
. . . raises several procedural issues under Florida Rules of Criminal Procedure 3.131 and 3.132 and section 907.041 . . . The following day, the State filed a “motion for pretrial detention” under Rule 3.132 and section 907.041 . . .
. . . Likewise, section 907.041(4)(i), Florida Statutes (2014), provides that: The pretrial detention order . . . The court shall render its findings within 24 hours of the pretrial detention hearing. § 907.041(4)(i . . .
. . . pretrial detention, after which the trial court shall conduct a hearing in accordance with section 907.041 . . .
. . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . . prior order we remanded this cause to the court below for an expedited bond hearing pursuant to section 907.041 . . .
. . . Sections 903.047(l)(a), 903.0471, and 907.041(4)(c)7, Florida Statutes (2014), provide for revocation . . . Further, section 907.041(4)(c)7, Florida Statutes (2014), provides that a court may, within its discretion . . .
. . . .” § 907.041(4)(c), Florida Statutes (2014); see Art, I, § 14, Fla. Const.; Blair v. . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . .
. . . .; § 907.041(4)(e), Florida Statutes (2014). See State v. Blair, 39 So.3d 1190 (Fla. 2010). . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . .
. . . by his failure to appear for trial, it failed to make the additional finding required under section 907.041 . . .
. . . Section 907.041, Florida Statutes (2018) provides that “a court may, on its own motion, revoke pretrial . . .
. . . Section 907.041, Florida Statutes (2012), is entitled “Pretrial detention and release.” . . . behavior patterns, the criteria in section 903.046, Florida Statutes, and any other relevant facts. § 907.041 . . . offenses qualifying as dangerous crimes which may warrant pretrial detention are listed in section 907.041 . . . It is apparent, then, that section 907.041 is directed to the second, general, exception to the right . . . beyond a reasonable doubt that pretrial detention is necessary under the criteria set forth in section 907.041 . . .
. . . , he contends he is entitled to a full hearing and findings by the trial court pursuant to sections 907.041 . . . Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial . . .
. . . Section 903.0471 provides: Violation of condition of pretrial release — Notwithstanding section 907.041 . . .
. . . reasoning was consistent with the Legislature’s intent in providing pretrial detention, citing section 907.041 . . .
. . . See § 907.041(4)(c)(7), Fla. Stat. (2012); Fla. R.Crim. P. 3.132(c)(1). . . .
. . . A refusal to readmit a defendant to any bail at all must be subject to the limitations of section 907.041 . . . at which time the trial court shall consider whether pretrial detention is warranted under section 907.041 . . .
. . . The State filed a Motion for Pretrial Detention pursuant to section 907.041(4)(a)(12), Florida Statutes . . . order contained any findings of fact or conclusions of law as required by rule 3.132(c)(2) and section 907.041 . . .
. . . him without bond entered pursuant to section 903.0471, Florida Statutes (2000): Notwithstanding s. 907.041 . . .
. . . or may release the offender with or without bail to await further hearing, notwithstanding section 907.041 . . .
. . . concur in the denial of the Petition for Writ of Habeas Corpus, but write to note that under Section 907.041 . . .
. . . show “beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041 . . . The comprehensive statutory scheme of section 907.041, Florida Statutes (2010), circumscribes the trial . . . finds a substantial probability that “[t]he defendant poses the threat of harm to the community.” § 907.041 . . . for a writ of habeas corpus to review an order entered under the pretrial detention statute, section 907.041 . . . Section 907.041, Florida Statutes sets the substantive requirements for pretrial detention in noncapital . . . See § 907.041(2), Fla. . . .
. . . .” § 907.041(4)(c)7., Fla. Stat. (2011). . . .
. . . or assure the presence of the accused at trial,” a requirement of pretrial detention under section 907.041 . . .
. . . or assure the presence of the accused at trial,” a requirement of pretrial detention under section 907.041 . . .
. . . petition for writ of habeas corpus and remand to the trial court to hold a hearing pursuant to section 907.041 . . . The State argues the defendant meets the criteria for pretrial detention under section 907.041(4), which . . . However, a court is required to consider the requirements of section 907.041 and Florida Rules of Criminal . . . must file a motion seeking pretrial detention within twenty-four hours of the defendant’s arrest. § 907.041 . . . to be represented by counsel, to present witnesses and evidence and to cross-examine witnesses.” § 907.041 . . .
. . . This is a requirement of pretrial detention under section 907.041(4)(c)7, Florida Statutes (2010). . . . P. 3.132(c)(2); § 907.041(4)®, Fla. Stat. (2008).”), approved, 39 So.3d 1190 (Fla.2010). . . .
. . . included in the statutory list of dangerous crimes for which the state may seek pretrial detention, see § 907.041 . . .
. . . willful without determining whether conditions of release are appropriate as delineated in section 907.041 . . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). Id. at 759. . . . Section 907.041(4)(c)(7) lists criteria that must be used in making a pretrial detention determination . . . Additionally, section 907.041 also prescribes a set of procedures relating to pretrial detention. . . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). Blair, 15 So.3d at 759. . . .
. . . .; § 907.041(4), Fla. Stat. . . . Section 907.041(4)(c)7., Florida Statutes, permits the court to order pretrial detention if a defendant . . .
. . . There was then discussion regarding a possible attempt by the State to revoke bond pursuant to section 907.041 . . .
. . . 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), . . . The FPDA contrasts the language of section 907.041 with section 903.0471, Florida Statutes (2008), violation . . . The Committee correctly observes that section 907.041, pretrial detention and release, provides in part . . . or the integrity of the judicial process, or failing to appear at trial be detained upon arrest.” § 907.041 . . .
. . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). This court’s decision in Bradshaw v. . . . the commission of a new offense while on pretrial release, is subject to the requirements of section 907.041 . . . See § 907.041(4)(c)7, Fla. . . . Const.; § 907.041(4)(c)7, Fla. Stat. (2008); Paul, 783 So.2d at 1042. . . .
. . . United States Constitution, Florida Constitution, Rule 3.130, 3.131, and Section 901.07, 903.046, and 907.041 . . .
. . . Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to . . .
. . . of burglary of an occupied dwelling, for which he is eligible for pretrial detention under section 907.041 . . .
. . . Petitioner asserts that the trial court ignored section 907.041(4)(a), Florida Statutes (2006), asserting . . . crimes charged constitute a “dangerous crime,” and the Petitioner does not meet the criteria for section 907.041 . . . undisputed that the crimes charged do not constitute “dangerous crimes,” which would fall under section 907.041 . . . (4)(a) and it was not established that the Petitioner meets the criteria for section 907.041(4)(c). . . .
. . . See § 907.041(4)(c), Fla. Stat. (2007). SHAHOOD, C.J., STEVENSON and TAYLOR, JJ., concur. . . .
. . . Section 907.041(4), Florida Statutes (2006), sets forth circumstances in which a court can require pretrial . . . detention, and section 907.041(4)(e)(6) permits pretrial detention if a defendant was on probation at . . .
. . . See § 907.041(4)(c), Fla. Stat. (2007). KLEIN, STEVENSON and GROSS, JJ., concur. . . .
. . . facts the court considers relevant. (4) No person charged with a dangerous crime, as defined in section 907.041 . . . certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041 . . .
. . . Jenne, 913 So.2d 740 (Fla. 4th DCA 2005); see also § 907.041(4)(c)1, Fla. Stat. (2006). . . .
. . . (amending section 907.041(4)(b), Fla. Stat. (1999)). . . . AMENDMENTS Chapter 2000-178, Laws of Florida, added new subsection (3)(b) to section 907.041, Florida . . . The law also added new subsection (4)(b) to section 907.041: (b) No person charged with a dangerous crime . . . (b)(2) be added to rule 3.131: (2) No person charged with a dangerous crime, as defined in section 907.041 . . . The committee points out that this subdivision is based on former section 907.041(4)(i), Florida Statutes . . .
. . . of mandamus, claiming that the trial court erred in failing to comply with the provisions of section 907.041 . . .
. . . assure the integrity of the judicial process in accordance with the procedures proscribed in section 907.041 . . .
. . . followed by section 903.0471, which is the subject of Parker and states that “[njotwithstanding s. 907.041 . . .
. . . defendant is charged with an offense that may subject him or her to pretrial detention pursuant to section 907.041 . . . Moreover, I believe that such a requirement contravenes the expressed purpose of section 907.041, which . . . or the integrity of the judicial process, or failing to appear at trial be detained upon arrest.” § 907.041 . . . See § 907.041(4)(c)(3), Fla. . . . The Legislature enacted section 907.041 to implement the 1983 amendment, and the Florida Supreme Court . . .
. . . 1983 amendment to article I, section 14 of the Florida Constitution, the “Legislature enacted section 907.041 . . . P. 3.132(c)(2); § 907.041(4)(c), (i); Paul, 783 So.2d at 1049 n. 11; Johnson v. . . . See § 907.041(4)(a)16, Fla. Stat. (2005). . . . See § 907.041(4)(c)1, 5, 6, 7. . . .
. . . 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 . . .
. . . Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial . . .
. . . . § 907.041(4)(a), child abuse or aggravated child abuse is defined as a “dangerous crime” for purposes . . . Stat. § 907.041(4)(c)(5), the Court may order pretrial detention if it finds a substantial probability . . .
. . . Raymond, 906 So.2d 1045 (Fla.2005), also issued today, the Court finds section 907.041(4)(b), Florida . . . concerning whether they should be amended to reflect the Legislature’s intent as demonstrated in section 907.041 . . . particularly addressing the policy concerns that the Legislature was attempting to address by enacting section 907.041 . . .
. . . ■We have on appeal a decision of the Third District Court of Appeal declaring section 907.041(4)(b), . . . nonmonetary pretrial release at a first appearance hearing.... § 907.041(4)(b), Fla. . . . See § 907.041(4)(a)(18). . . . See § 907.041(4)(a), Fla. Stat. (2000). . . . 907.041(4)(b) is substantive. . . .
. . . See § 907.041(4)(c)(7), Fla. Stat. (2002). . . .
. . . 903.133, F.S., relating to the prohibition against bail on appeal for certain felony convictions, s. 907.041 . . .
. . . Stat. (2000), which reads: Notwithstanding § 907.041, a court may, on its own motion, revoke pretrial . . .
. . . That the criminal history record does not relate to ... a violation enumerated in s. 907.041 where the . . . Section 907.041, Florida Statutes, is the pretrial detention statute. . . . Id. § 907.041(4)(a). . . . .”§ 907.041(4)(a)18., Fla. Stat. (2003). . . .
. . . “Section 907.041 tucks neatly into this constitutional provision by defining the standards for the type . . . Section 907.041(4)(c), Florida Statutes (2003) provides: “[t]he court may order pretrial detention if . . . release reasonably sufficient to protect the community from the risk of physical harm to persons. § 907.041 . . . The legislature defined “dangerous . crimes” in section 907.041(4)(a), Florida Statutes (2003). . . . criteria set forth in section 903.046, Florida Statutes (2003), there is no provision under section 907.041 . . .
. . . of injunction against repeat violence, for which he is eligible for pretrial detention under section 907.041 . . .
. . . bond on a charge of aggravated stalking, for which he is eligible for pretrial detention under section 907.041 . . .
. . . community from risk of physical harm to persons or assure the presence of the accused at trial,” § 907.041 . . .
. . . The court held paragraph 907.041(4)(b), Florida Statutes (2000), to be unconstitutional as a procedural . . .
. . . It states: Notwithstanding section 907.041, a court may, on its own motion, revoke pretrial release and . . . It is the procedural counterpart to section 907.041, the pretrial detention statute. . . . However, section 903.0471 is independent of section 907.041, and the procedures and requirements of the . . . There is no indication in the language of section 903.0471, in contrast to section 907.041, that the . . . Section 907.041, Florida Statutes (2002), is the pretrial detention and release statute governing the . . .
. . . To implement the 1983 amendment, the Legislature enacted statutory sections 903.046 and 907.041, which . . . First, the Legislature amended section 907.041(4) to read as follows: (c) The court may order pretrial . . . The legislative intent behind section 907.041 was not to narrow the breadth of the trial court’s discretion . . . earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under 907.041 . . . See § 907.041(4)(c), Fla. Stat. (2000). . . . to apply a less forgiving standard than the “substantial probability” standard contained in section 907.041 . . . First, section 907.041(4)(c) links the “substantial probability” standard to the “defendant’s past and . . . Second, all but one of the subsections in section 907.041(4)(c) require findings consistent with article . . . In comparison to the “comprehensive and specific framework” of section 907.041, see Paul, 783 So.2d at . . . that the “probable cause” standard, rather than the substantial probability standard used in section 907.041 . . .
. . . This is a requirement of section 907.041(4)(c)7., Florida Statutes (2002). . . .
. . . Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial . . . The phrase “[n]otwithstanding s. 907.041” means that Florida’s pretrial detention statute— § 907.041— . . .
. . . corpus alleging that the trial judge revoked his bond without complying with the requirements of section 907.041 . . . According to Florida Statute 907.041, [sic] regarding pretrial detention, Your Honor— THE COURT: The . . . erred in denying his motion for release from custody without considering the requirements of section 907.041 . . . court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section 907.041 . . .
. . . We note that the 2000 amendments to Florida Statutes section 907.041 are not applicable to Homerding. . . .
. . . . § 907.041(4)(b). . . . Card was not provided or offered the procedures set forth in § 907.041, Rules 3.131 or 3.210, or Florida . . .
. . . order directing that he be detained without bond pursuant to the pretrial detention statute, section 907.041 . . .
. . . See § 907.041(4). . . . See § 907.041(4)(d). . . . See § 907.041(4)(e). . . . See § 907.041(4)(g). . . . See § 907.041(4)(f). . . .
. . . Notwithstanding § 907.041, a court may, on its own motion, revoke pretrial release and order pretrial . . . Section 907.041, entitled “Pretrial detention and release,” contains very specific criteria for trial . . . Parker argues, relying on the Florida Constitution and section 907.041, that the new statute violates . . . We concluded that section 903.0471 clarified that the legislature had not intended that section 907.041 . . . The same legislature which passed section 903.0471 also amended section 907.041 to authorize pretrial . . .
. . . See § 907.041(4)(c)7., Fla. Stat. (2000). . . .
. . . motion by the state, pretrial detention under rule 3.132, Florida Rule of Criminal Procedure and Section 907.041 . . .
. . . The effect of the ruling in Paul was that unless there was compliance with section 907.041(4)(b), the . . . It was these cases that Paul relied upon in requiring compliance with section 907.041 before imposing . . . 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 . . . The statute makes substantial changes to section 907.041. . . .
. . . Section 907.041 comes into play when the state seeks to have the defendant held in jail without bond . . . The statute’s reference to “failing to appear at trial” and the reference in section 907.041(4)(b)l. . . . One factor most heavily weighs in favor of the interpretation that section 907.041 applies to release . . . See § 907.041(3), Fla. Stat. (1999). . . . Section 903.046 was passed in the same legislative session as section 907.041. . . .
. . . state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 . . . must be based on a showing of the need for pretrial detention, pursuant to the criteria in section 907.041 . . . Section 907.041 sets forth the legislative intent to protect the safety of the community, as well as . . . There are factors set forth in section 907.041(4)(b)4 that the court can apply to either type of bond . . . See § 907.041(1), Fla. . . .
. . . Nor is our general pretrial release statute, section 907.041, applicable, for the same reason. . . .
. . . See § 907.041, Fla.Stat. (1997). DELL, FARMER and STEVENSON, JJ., concur. . . .
. . . the state failed to prove the existence of at least one of the four circumstances listed in section 907.041 . . . the state failed to prove the existence of at least one of the four circumstances listed in section 907.041 . . .
. . . authority to deny bond pending trial is “circumscribed by the provisions of Florida Statute section 907.041 . . . Section 907.041(4)(b)(4) provides that the court can make such finding of “threat of harm” if it finds . . . See § 907.041(4)(b)(4), Fla.Stat. (1997), In addition, subsection 4 provides that the court must find . . . not satisfy its burden of proving the requirements for pre-trial detention in accordance with section 907.041 . . .
. . . Under section 907.041(4)(b) of the statute, the court may order pretrial detention if it finds that any . . . In this case, both parties concede that only the condition in section 907.041(4)(b)4.b. applies. . . . Section 907.041, Florida Statutes, implemented the constitutional amendment and established specific . . . Section 907.041(1), Fla. Stat. (1997). . . . Our intention was to clarify that section 907.041 did not remove a trial judge’s discretion to grant . . .
. . . . §§ 907.04, 907.041 & 907.045, Fla. Stat. (1997). . . .
. . . , defendant in essence is arguing that the purpose of section 907.041 was to curtail the power of the . . . In 1982, the Constitution was amended, and section 907.041 enacted, in order to allow the courts to deny . . . Section 907.041 implemented the constitutional amendment, see Gomez, 473 So.2d at 810, and announced . . . Indeed, it has been explicitly held that section 907.041 is complementary to, and does not replace, a . . . It is true that one portion of section 907.041 authorizes the refusal of bond where it is shown “that . . .