Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1534
Ì227786XÎ227786
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/13/2023 .
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The Committee on Fiscal Policy (Martin) recommended the
following:
1 Senate Substitute for Amendment (118746) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsections (4), (5), and (6) are added to
7 section 903.011, Florida Statutes, to read:
8 903.011 Pretrial release “Bail” and “bond” defined; general
9 terms; statewide uniform bond schedule.—
10 (4) Except as authorized in subsection (5), only a judge
11 may set, reduce, or otherwise alter a defendant’s bail. Upon
12 motion by a defendant, or on the court’s own motion, a court may
13 reconsider the monetary component of a defendant’s bail if he or
14 she is unable to post a monetary bond.
15 (5)(a) Beginning January 1, 2024, and annually thereafter,
16 the Supreme Court must adopt a uniform statewide bond schedule
17 for criminal offenses not described in subsection (6) for which
18 a person may be released on bail before and in lieu of his or
19 her first appearance hearing or bail determination. The Supreme
20 Court must make the revised uniform statewide bond schedule
21 available to each judicial circuit.
22 (b) Except as provided in paragraph (c), the chief judge of
23 a judicial circuit may not establish a local bond schedule that
24 sets a lower bond amount than that required by the uniform
25 statewide bond schedule for the purpose of setting a defendant’s
26 bail before a first appearance hearing or bail determination.
27 (c) The chief judge of a judicial circuit may petition the
28 Supreme Court for approval of a local bond schedule that sets a
29 lower bond amount than that required by the uniform statewide
30 bond schedule. If the Supreme Court reviews and approves the
31 local bond schedule, such schedule may be used for the purpose
32 of setting a defendant’s bail before a first appearance hearing
33 or bail determination pending the adoption of a new or revised
34 uniform statewide bond schedule pursuant to paragraph (a).
35 (d) The chief judge of a judicial circuit may establish a
36 local bond schedule that increases the monetary bond applicable
37 to an offense that is included in the uniform statewide bond
38 schedule adopted by the Supreme Court. Such a deviation from the
39 uniform statewide bond schedule does not require approval by the
40 Supreme Court.
41 (e) In adopting the uniform statewide bond schedule or
42 reviewing a petition for a local bond schedule that deviates
43 from the uniform statewide bond schedule, the Florida Supreme
44 Court shall evaluate the amount of monetary bond necessary to
45 protect the community from risk of physical harm, to assure the
46 presence of the accused at trial, and to protect the integrity
47 of the judicial process.
48 (f) The uniform statewide bond schedule shall not bind a
49 judge in an individual case who is conducting a first appearance
50 hearing or bail determination.
51 (6) A person may not be released before his or her first
52 appearance hearing or bail determination and a judge must
53 determine the appropriate bail, if any, based on an
54 individualized consideration of the criteria in s. 903.046(2),
55 if the person meets any of the following criteria:
56 (a) The person was, at the time of arrest for any felony,
57 on pretrial release, probation, or community control in this
58 state or any other state;
59 (b) The person was, at the time of arrest, designated as a
60 sexual offender or sexual predator in this state or any other
61 state;
62 (c) The person was arrested for violating a protective
63 injunction;
64 (d) The person was, at the time of arrest, on release from
65 supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
66 944.4731;
67 (e) The person has, at any time before the current arrest,
68 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
69 prison releasee reoffender, habitual violent felony offender,
70 three-time violent felony offender, or violent career criminal;
71 (f) The person has been arrested three or more times in the
72 12 months immediately preceding his or her arrest for the
73 current offense; or
74 (g) The person’s current offense of arrest is for one or
75 more of the following crimes:
76 1. A capital felony, life felony, felony of the first
77 degree, or felony of the second degree;
78 2. A homicide under chapter 782; or any attempt,
79 solicitation, or conspiracy to commit a homicide;
80 3. Assault in furtherance of a riot or an aggravated riot;
81 felony battery; domestic battery by strangulation; domestic
82 violence, as defined in s. 741.28; stalking; mob intimidation;
83 assault or battery on a law enforcement officer; assault or
84 battery on juvenile probation officer, or other staff of a
85 detention center or commitment facility, or a staff member of a
86 commitment facility, or health services personnel; assault or
87 battery on a person 65 years of age or older; robbery; burglary;
88 carjacking; or resisting an officer with violence;
89 4. Kidnapping, false imprisonment, human trafficking, or
90 human smuggling;
91 5. Possession of a firearm or ammunition by a felon,
92 violent career criminal, or person subject to an injunction
93 against committing acts of domestic violence, stalking, or
94 cyberstalking;
95 6. Sexual battery; indecent, lewd, or lascivious touching;
96 exposure of sexual organs; incest; luring or enticing a child;
97 or child pornography;
98 7. Abuse, neglect, or exploitation of an elderly person or
99 disabled adult;
100 8. Child abuse or aggravated child abuse;
101 9. Arson; riot, aggravated riot, inciting a riot, or
102 aggravated inciting a riot; or a burglary or theft during a
103 riot;
104 10. Escape; tampering or retaliating against a witness,
105 victim, or informant; destruction of evidence; or tampering with
106 a jury;
107 11. Any offense committed for the purpose of benefitting,
108 promoting, or furthering the interests of a criminal gang;
109 12. Trafficking in a controlled substance, including
110 conspiracy to engage in trafficking in a controlled substance;
111 13. Racketeering; or
112 14. Failure to appear at required court proceedings while
113 on bail.
114 Section 2. Paragraph (c) of subsection (1) of section
115 903.047, Florida Statutes, is amended to read:
116 903.047 Conditions of pretrial release.—
117 (1) As a condition of pretrial release, whether such
118 release is by surety bail bond or recognizance bond or in some
119 other form, the defendant must:
120 (c) Comply with all conditions of pretrial release imposed
121 by the court. A court must consider s. 903.046(2) when
122 determining whether to impose nonmonetary conditions in addition
123 to or in lieu of monetary bond. Such nonmonetary conditions may
124 include, but are not limited to, requiring a defendant to:
125 1. Maintain employment, or, if unemployed, actively seek
126 employment.
127 2. Maintain or commence an educational program.
128 3. Abide by specified restrictions on personal
129 associations, place of residence, or travel.
130 4. Report on a regular basis to a designated law
131 enforcement agency, pretrial services agency, or other agency.
132 5. Comply with a specified curfew.
133 6. Refrain from possessing a firearm, destructive device,
134 or other dangerous weapon.
135 7. Refrain from excessive use of alcohol, or any use of a
136 narcotic drug or other controlled substance without a
137 prescription from a licensed medical practitioner.
138 8. Undergo available medical, psychological, psychiatric,
139 mental health, or substance abuse evaluation and follow all
140 recommendations, including treatment for drug or alcohol
141 dependency, and remain in a specified institution, if required
142 for that purpose.
143 9. Return to custody for specified hours following release
144 for employment, school, or other limited purposes.
145 10. Any other condition that is reasonably necessary to
146 assure the appearance of the defendant at subsequent proceedings
147 and to protect the community against unreasonable danger of
148 harm.
149 Section 3. Section 903.0471, Florida Statutes, is amended
150 to read:
151 903.0471 Violation of condition of pretrial release.
152 Notwithstanding s. 907.041, a court may, on its own motion,
153 revoke pretrial release and order pretrial detention if the
154 court finds probable cause to believe that the defendant
155 committed a new crime while on pretrial release or violated any
156 other condition of pretrial release in a material respect.
157 Section 4. Subsection (4) of section 907.041, Florida
158 Statutes, is amended to read:
159 907.041 Pretrial detention and release.—
160 (4) PRETRIAL DETENTION.—
161 (a) As used in this subsection, “dangerous crime” means any
162 of the following:
163 1. Arson;
164 2. Aggravated assault;
165 3. Aggravated battery;
166 4. Illegal use of explosives;
167 5. Child abuse or aggravated child abuse;
168 6. Abuse of an elderly person or disabled adult, or
169 aggravated abuse of an elderly person or disabled adult;
170 7. Aircraft piracy;
171 8. Kidnapping;
172 9. Homicide;
173 10. Manslaughter, including DUI manslaughter and BUI
174 manslaughter;
175 11. Sexual battery;
176 12. Robbery;
177 13. Carjacking;
178 14. Lewd, lascivious, or indecent assault or act upon or in
179 presence of a child under the age of 16 years;
180 15. Sexual activity with a child, who is 12 years of age or
181 older but less than 18 years of age, by or at solicitation of
182 person in familial or custodial authority;
183 16. Burglary of a dwelling;
184 17. Stalking and aggravated stalking;
185 18. Act of domestic violence as defined in s. 741.28;
186 19. Home invasion robbery;
187 20. Act of terrorism as defined in s. 775.30;
188 21. Manufacturing any substances in violation of chapter
189 893;
190 22. Attempting or conspiring to commit any such crime; and
191 23. Human trafficking;
192 24. Trafficking in any controlled substance described in s.
193 893.135(1)(c)4.;
194 25. Extortion in violation of s. 836.05; and
195 26. Written threats to kill in violation of s. 836.10.
196 (b) A No person arrested for charged with a dangerous crime
197 may not shall be granted nonmonetary pretrial release at a first
198 appearance hearing if the court has determined there is probable
199 cause to believe the person has committed the offense; however,
200 the court shall retain the discretion to release an accused on
201 electronic monitoring or on recognizance bond if the findings on
202 the record of facts and circumstances warrant such a release.
203 (c) Upon motion by the state attorney, the court may order
204 pretrial detention if it finds a substantial probability, based
205 on a defendant’s past and present patterns of behavior, the
206 criteria in s. 903.046, and any other relevant facts, that any
207 of the following circumstances exist:
208 1. The defendant has previously violated conditions of
209 release and that no further conditions of release are reasonably
210 likely to assure the defendant’s appearance at subsequent
211 proceedings;
212 2. The defendant, with the intent to obstruct the judicial
213 process, has threatened, intimidated, or injured any victim,
214 potential witness, juror, or judicial officer, or has attempted
215 or conspired to do so, and that no condition of release will
216 reasonably prevent the obstruction of the judicial process;
217 3. The defendant is charged with trafficking in controlled
218 substances as defined by s. 893.135, that there is a substantial
219 probability that the defendant has committed the offense, and
220 that no conditions of release will reasonably assure the
221 defendant’s appearance at subsequent criminal proceedings;
222 4. The defendant is charged with DUI manslaughter, as
223 defined by s. 316.193, and that there is a substantial
224 probability that the defendant committed the crime and that the
225 defendant poses a threat of harm to the community; conditions
226 that would support a finding by the court pursuant to this
227 subparagraph that the defendant poses a threat of harm to the
228 community include, but are not limited to, any of the following:
229 a. The defendant has previously been convicted of any crime
230 under s. 316.193, or of any crime in any other state or
231 territory of the United States that is substantially similar to
232 any crime under s. 316.193;
233 b. The defendant was driving with a suspended driver
234 license when the charged crime was committed; or
235 c. The defendant has previously been found guilty of, or
236 has had adjudication of guilt withheld for, driving while the
237 defendant’s driver license was suspended or revoked in violation
238 of s. 322.34;
239 5. The defendant poses the threat of harm to the community.
240 The court may so conclude, if it finds that the defendant is
241 presently charged with a dangerous crime, that there is a
242 substantial probability that the defendant committed such crime,
243 that the factual circumstances of the crime indicate a disregard
244 for the safety of the community, and that there are no
245 conditions of release reasonably sufficient to protect the
246 community from the risk of physical harm to persons;
247 6. The defendant was on probation, parole, or other release
248 pending completion of sentence or on pretrial release for a
249 dangerous crime at the time the current offense was committed;
250 7. The defendant has violated one or more conditions of
251 pretrial release or bond for the offense currently before the
252 court and the violation, in the discretion of the court,
253 supports a finding that no conditions of release can reasonably
254 protect the community from risk of physical harm to persons or
255 assure the presence of the accused at trial; or
256 8.a. The defendant has ever been sentenced pursuant to s.
257 775.082(9) or s. 775.084 as a prison releasee reoffender,
258 habitual violent felony offender, three-time violent felony
259 offender, or violent career criminal, or the state attorney
260 files a notice seeking that the defendant be sentenced pursuant
261 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
262 habitual violent felony offender, three-time violent felony
263 offender, or violent career criminal;
264 b. There is a substantial probability that the defendant
265 committed the offense; and
266 c. There are no conditions of release that can reasonably
267 protect the community from risk of physical harm or ensure the
268 presence of the accused at trial.
269 (d) If a defendant is arrested for a dangerous crime that
270 is a capital felony, a life felony, or a felony of the first
271 degree, and the court determines there is probable cause to
272 believe the defendant committed the offense, the state attorney,
273 or the court on its own motion, shall motion for pretrial
274 detention. If the court finds a substantial probability that the
275 defendant committed the offense and, based on the defendant’s
276 past and present patterns of behavior, consideration of the
277 criteria in s. 903.046, and any other relevant facts, that no
278 conditions of release or bail will reasonably protect the
279 community from risk of physical harm, ensure the presence of the
280 defendant at trial, or assure the integrity of the judicial
281 process, the court must order pretrial detention.
282 (e)(d) When a person charged with a crime for which
283 pretrial detention could be ordered is arrested, the arresting
284 agency shall promptly notify the state attorney of the arrest
285 and shall provide the state attorney with such information as
286 the arresting agency has obtained relative to:
287 1. The nature and circumstances of the offense charged;
288 2. The nature of any physical evidence seized and the
289 contents of any statements obtained from the defendant or any
290 witness;
291 3. The defendant’s family ties, residence, employment,
292 financial condition, and mental condition; and
293 4. The defendant’s past conduct and present conduct,
294 including any record of convictions, previous flight to avoid
295 prosecution, or failure to appear at court proceedings.
296 (f)(e) When a person charged with a crime for which
297 pretrial detention could be ordered is arrested, the arresting
298 agency may detain such defendant, prior to his or her first
299 appearance hearing or prior to the filing by the state attorney
300 of a motion seeking pretrial detention, for a period not to
301 exceed 24 hours.
302 (g)1.(f) If a motion for pretrial detention is required
303 under paragraph (d), the pretrial detention hearing must shall
304 be held within 5 days after the defendant’s first appearance
305 hearing or, if there is no first appearance hearing, within 5
306 days after the defendant’s arraignment of the filing by the
307 state attorney of a complaint to seek pretrial detention.
308 2. If a state attorney files a motion for pretrial
309 detention under paragraph (c), the pretrial detention hearing
310 must be held within 5 days after the filing of such motion.
311 3. The defendant may request a continuance of a pretrial
312 detention hearing. No continuance shall be for longer than 5
313 days unless there are extenuating circumstances. The defendant
314 may be detained pending the hearing. The state attorney shall be
315 entitled to one continuance for good cause.
316 4. The defendant may be detained pending the completion of
317 the pretrial detention hearing. If a defendant is released on
318 bail pending a pretrial detention hearing under paragraph (d),
319 the court must inform the defendant that if he or she uses a
320 surety bond to meet the monetary component of pretrial release
321 and the motion for pretrial detention is subsequently granted,
322 the defendant will not be entitled to the return of the premium
323 on such surety bond.
324 (h)(g) The state attorney has the burden of showing the
325 need for pretrial detention.
326 (i)(h) The defendant is entitled to be represented by
327 counsel, to present witnesses and evidence, and to cross-examine
328 witnesses. The rules concerning admissibility of evidence in
329 criminal trials do not apply to the presentation and
330 consideration of evidence at the detention hearing The court may
331 admit relevant evidence without complying with the rules of
332 evidence, but evidence secured in violation of the United States
333 Constitution or the Constitution of the State of Florida shall
334 not be admissible. No testimony by the defendant shall be
335 admissible to prove guilt at any other judicial proceeding, but
336 such testimony may be admitted in an action for perjury, based
337 upon the defendant’s statements made at the pretrial detention
338 hearing, or for impeachment.
339 (j) A party may motion for a pretrial detention order to be
340 reconsidered at any time before a defendant’s trial if the judge
341 finds that information exists that was not known to the party
342 moving for reconsideration at the time of the pretrial detention
343 hearing and that such information has a material bearing on
344 determining whether there are conditions of release or bail that
345 will reasonably assure the appearance of the defendant as
346 required and the safety of any other person and the community
347 from harm.
348 (k)(i) The pretrial detention order of the court shall be
349 based solely upon evidence produced at the hearing and shall
350 contain findings of fact and conclusions of law to support it.
351 The order shall be made either in writing or orally on the
352 record. The court shall render its findings within 24 hours of
353 the pretrial detention hearing.
354 (l)(j) A defendant convicted at trial following the
355 issuance of a pretrial detention order shall have credited to
356 his or her sentence, if imprisonment is imposed, the time the
357 defendant was held under the order, pursuant to s. 921.161.
358 (m)(k) The defendant shall be entitled to dissolution of
359 the pretrial detention order whenever the court finds that a
360 subsequent event has eliminated the basis for detention.
361 (l) The Legislature finds that a person who manufactures
362 any substances in violation of chapter 893 poses a threat of
363 harm to the community and that the factual circumstances of such
364 a crime indicate a disregard for the safety of the community.
365 The court shall order pretrial detention if the court finds that
366 there is a substantial probability that a defendant charged with
367 manufacturing any substances in violation of chapter 893
368 committed such a crime and if the court finds that there are no
369 conditions of release reasonably sufficient to protect the
370 community from the risk of physical harm to persons.
371 Section 5. This act shall take effect January 1, 2024.
372
373 ================= T I T L E A M E N D M E N T ================
374 And the title is amended as follows:
375 Delete everything before the enacting clause
376 and insert:
377 A bill to be entitled
378 An act relating to pretrial release and detention;
379 amending s. 903.011, F.S.; providing for setting,
380 reduction, and alteration of bail; requiring the
381 Supreme Court to create and periodically update a
382 statewide uniform bail bond schedule for certain
383 offenses; providing for the chief judge of a judicial
384 circuit to establish a lower bail bond schedule in
385 certain cases; requiring Supreme Court approval for
386 local deviations from the statewide uniform bail bond
387 schedule; providing that arrested persons in certain
388 categories may not be released until a first
389 appearance and that bond for such persons be
390 individually determined based on specified factors;
391 amending s. 903.047, F.S.; authorizing a court to
392 consider nonmonetary conditions in addition to or in
393 lieu of a monetary amount subject to specified
394 limitations; listing possible nonmonetary conditions;
395 amending s. 903.0471, F.S.; providing that a court may
396 revoke pretrial release and order pretrial detention
397 if a defendant materially violates any release
398 condition; amending s. 907.041, F.S.; revising the
399 definition of the term “dangerous crime”; providing
400 that a person arrested for a dangerous crime may not
401 be granted nonmonetary pretrial release at a first
402 appearance hearing; specifying that upon motion by the
403 state attorney, a court may order pretrial detention
404 in certain circumstances; providing for a detention
405 hearing for persons charged with dangerous crimes;
406 authorizing a state attorney or a court to move for
407 detention of persons charged with dangerous crimes in
408 certain circumstances; requiring a court to order
409 pretrial detention in certain circumstances; providing
410 requirements for detention hearings; revising
411 requirements for a pretrial detention order; requiring
412 a court to provide specified information to certain
413 defendants; providing that a party may move for
414 reconsideration of a pretrial detention order any time
415 before trial in certain circumstances; removing a
416 requirement for pretrial detention for defendants
417 charged with illegally manufacturing controlled
418 substances in certain cases; providing an effective
419 date.