The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1534
INTRODUCER: Fiscal Policy Committee and Senator Martin
SUBJECT: Pretrial Release and Detention
DATE: April 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. Parker Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1534 amends several statutes related to bail, pretrial detention, and pretrial release.
The bill amends s. 903.011, F.S., to:
 Specify that only a judge may set, reduce, or otherwise alter a defendant’s bail.
 Require the Florida Supreme Court (FSC) to adopt a uniform statewide bond schedule by
January 1, 2024, and provides for when an inferior court may establish a local bond schedule.
 Provide circumstances in which a person may not be released before a first appearance
hearing.
The bill amends s. 903.047, F.S., to provide that a court must consider s. 903.046(2), F.S., when
determining whether to impose nonmonetary conditions in addition to or in lieu of monetary
bond, and provides specific nonmonetary conditions that may be imposed.
The bill amends s. 903.0471, F.S., to authorize the court to 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 or violated any other condition of pretrial release in a material
respect.
The bill amends s. 907.041, F.S., to:
 Revise the term “dangerous crime” to include DUI manslaughter and BUI manslaughter and
trafficking in any controlled substance, extortion, and written threats to kill.
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 Provide that if a defendant is arrested for a dangerous crime that is a capital felony, a life
felony, or a felony of the first degree, and the court determines there is probable cause to
believe the defendant committed the offense, the state attorney, or the court on its own
motion shall motion for pretrial detention.
 Provide that a person arrested for a dangerous crime may not be granted nonmonetary pretrial
release at first appearance if the court has determined there is probable cause to believe the
person has committed the offense.
 Provide that if the court finds a substantial probability that the defendant committed the
offense and, based on the defendant’s past and present patterns of behavior, consideration of
the criteria in s. 903.046, F.S., and any other relevant facts, that no conditions of release or
bail will reasonably protect the community from risk of physical harm, ensure the presence
of the defendant at trial, or assure the integrity of the judicial process, the court must order
pretrial detention.
 Provide that when a person charged with a crime for which pretrial detention could be
ordered is arrested, the arresting agency may detain the defendant prior to his or her first
appearance.
 Provide that if a motion for pretrial detention is required, the pretrial detention hearing must
be held within 5 days after the defendant’s first appearance hearing or, if there is no first
appearance hearing, within 5 days after the defendant’s arraignment.
 Require that if a defendant is released on bail pending a pretrial detention hearing and the
defendant uses a surety bond to meet the monetary component, the court must inform the
defendant that he or she will not be entitled to a return of the premium on such surety bond.
 Provide that the rules concerning admissibility of evidence in criminal trials do not apply to
the presentation and consideration of evidence at the detention hearing.
 Provide that a party may motion for a pretrial detention order to be reconsidered at any time
before a defendant’s trial if the judge finds that information exists that was not known to the
party moving for reconsideration at the time of the pretrial detention hearing.
The bill may have a positive indeterminate fiscal impact. See Section V. Fiscal Impact
Statement.
The bill is effective January 1, 2024.
II. Present Situation:
The Florida Constitution provides that every person charged with a crime is entitled to pretrial
release with reasonable conditions.1 There are three types of pretrial release for a person who is
awaiting trial: the posting of a bail or surety bond, pretrial release conditions, or the release on
his or her own recognizance.2
1
Article I, s. 14, Fla. Const. This right does not apply to persons charged with a capital offense or an offense punishable by
life imprisonment and the proof of guilt is evident or the presumption is great. Id.
2
See art. I, s. 14. Fla. Const.; See also ss. 903.046 and 907.041. F.S.
BILL: CS/SB 1534 Page 3
Bail and Surety Bond
The purpose of a bail determination in criminal proceedings is to ensure the appearance of a
defendant at subsequent proceedings and to protect the community against unreasonable danger
from the defendant.3 For the defendant to be released from jail, a court may require bail by a
defendant to provide security, such as cash or a bond to ensure that he or she will return for trial
and any other required court appearances.4
As an alternative to posting the entire bail amount, a defendant may provide a criminal surety
bail bond5 executed by a bail bond agent. A cash bond is paid directly to the court for the total
amount of the bond, in cash. If the arrestee does not appear after posting a cash bond, the money
will be forfeited. After the final disposition of the case, bond money will be refunded, minus any
unpaid court fees, costs, and criminal penalties.6
Bail Determination
When determining whether to release a defendant on bail or other conditions and what that bail
or those conditions may be, the court shall consider:
 The nature and circumstances of the offense charged.
 The weight of the evidence against the defendant.
 The defendant’s family ties, length of residence in the community, employment history,
financial resources, and mental condition.
 The defendant’s past and present conduct, including any record of convictions, previous
flight to avoid prosecution or failure to appear at court proceedings.
 The nature and probability of danger which the defendant’s release poses to the community.
 The source of funds used to post bail or procure an appearance bond, particularly whether the
proffered funds, real property, property, or any proposed collateral or bond premium may be
linked to or derived from the crime alleged to have been committed or from any other
criminal or illicit activities. The burden of establishing the noninvolvement in or
nonderivative from criminal or other illicit activity of such proffered funds, real property,
property, or any proposed collateral or bond premium falls upon the defendant or other
person proffering them to obtain the defendant’s release.
 Whether the defendant is already on release pending resolution of another criminal
proceeding or on probation, parole, or other release pending completion of a sentence.
 The street value of any drug or controlled substance connected to or involved in the criminal
charge.
 The nature and probability of intimidation and danger to victims.
 Whether there is probable cause to believe that the defendant committed a new crime while
on pretrial release.
3
Section 903.046(1), F.S.
4
Universal Bail Bonds v. State, 929 So.2d 697, 699 (Fla. 3d DCA 2006).
5
Sections 903.011 and 903.105, F.S.
6
Office of Program Policy Analysis and Government Accountability, County Pretrial Release Programs: Calendar Year
2021, Report No. 22-09 at 2 (December 2022) available at https://oppaga.fl.gov/Documents/Reports/22-09.pdf (last visited
March 21, 2023).
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 Whether the crime charged is a violation of ch. 874, F.S., or alleged to be subject to enhanced
punishment under ch. 874, F.S., or reclassification under s. 843.22, F.S.7
 Whether the defendant, other than a defendant whose only criminal charge is a misdemeanor
offense under ch. 316, F.S, is required to register as a sexual offender or a sexual predator.8
 Any other facts that the court considers relevant.9
Pretrial Release
Prior to an indictment, affidavit, or information being filed in a criminal case the court having
jurisdiction over the case has jurisdiction to hear and rule on all preliminary motions regarding
bail.10 If a court determines pretrial release is appropriate, it must impose certain conditions on
the defendant while on release, including refraining from criminal activity of any kind 11 and
complying with all conditions of pretrial release ordered by the court.12
While there is a presumption in favor of release on nonmonetary conditions for any person
granted pretrial release, monetary conditions may be imposed for a person charged with a
dangerous crime or if it is determined that such monetary conditions are necessary to assure the
presence of the person at trial or at other proceedings, to protect the community from risk of
physical harm to persons, or to assure the integrity of the judicial process.13 A dangerous crime
means any of the following:
 Arson;
 Aggravated assault;
 Aggravated battery;
 Illegal use of explosives;
 Child abuse or aggravated child abuse;
 Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or
disabled adult;
 Aircraft piracy;
 Kidnapping;
 Homicide;
 Manslaughter;
 Sexual battery;
 Robbery;
 Carjacking;
 Lewd, lascivious or indecent assault or act upon or in presence of a child under the age of 16
years;
7
Section 903.046(2)(l), F.S., If any such violation is charged against a defendant or if the defendant is charged with a crime
that is alleged to be subject to such enhancement or reclassification, he or she is not eligible for release on bail or surety bond
until the first appearance on the case in order to ensure the full participation of the prosecutor and the protection of the public.
8
Section 903.046(2)(m), F.S. Such offender is not eligible for release on bail or surety bond until the first appearance on the
case in order to ensure the full participation of the prosecutor and the protection of the public.
9
Section 903.046(2)(a)-(m), F.S.
10
Section 903.03(1), F.S.; “Bail” includes any and all forms of pretrial release. Section 903.011(1), F.S
11
Section 903.047(1)(a), F.S.
12
Section 903.047(1)(c), F.S.
13
Section 907.041(3)(a), F.S.
BILL: CS/SB 1534 Page 5
 Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by
or at solicitation of person in familial or custodial authority;14
 Burglary of a dwelling;
 Stalking and aggravated stalking;
 Act of domestic violence as defined in s. 741.28, F.S.;
 Home invasion robbery;
 Act of terrorism as defined in s. 775.30, F.S.;
 Manufacturing any substances in violation of ch. 893, F.S.;
 Attempting or conspiring to commit any such crime; and
 Human trafficking.15
Pretrial Detention
No person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first
appearance hearing; however, the court shall retain the discretion to release an accused on
electronic monitoring or on recognizance bond if the findings on the record of facts and
circumstances warrant such a release.16 The state attorney has the burden of showing the need of
pretrial detention.17
A judge may order pretrial detention if he or she finds a substantial probability, based on a
defendant’s past and present patterns of behavior, consideration of the criteria used for
determining bail, and any other relevant facts, that any of the following circumstances exist:
 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;
 The defendant, with the intent to obstruct the judicial process, has threatened, intimidated, or
injured any victim, potential witness, juror, or judicial officer, or has attempted or conspired
to do so, and that no condition of release will reasonably prevent the obstruction of the
judicial process;
14
Section 907.041(4)(a)15., F.S.
15
Section 907.041(4)(a)1.-23., F.S.
16
Section 907.041(4)(b), F.S.
17
Section 907.041(4)(g), F.S.
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 The defendant is charged with trafficking in controlled substances,18 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;19
 The defendant is charged with DUI manslaughter,20 and that there is a substantial probability
that the defendant committed the crime and that the defendant poses a threat of harm to the
community; conditions that would support a finding by the court pursuant to this
subparagraph that the defendant poses a threat of harm to the community include, but are not
limited to, any of the following:
o The defendant has previously been convicted of any crime under s. 316.193, F.S., or of
any crime in any other state or territory of the United States that is substantially similar to
any crime under s. 316.193;
o The defendant was driving with a suspended driver license when the charged crime was
committed; or
o The defendant has previously been found guilty of or has had adjudication of guilt
withheld for, driving while the defendant’s driver license was suspended or revoked in
violation of s. 322.34, F.S.;
 The defendant poses the threat of harm to the community.21
 The defendant was on probation, parole, or other release pending completion of sentence or
on pretrial release for a dangerous crime at the time the current offense was committed;22
 The defendant has violated one or more conditions of pretrial release or bond for the offense
currently before the court and the violation, in the discretion of the court, supports a finding
that no conditions of release can reasonably protect the community from risk of physical
harm to persons or assure the presence of the accused at trial; or
 The defendant has ever been sentenced as a prison releasee reoffender, habitual violent
felony offender, three-time violent felony offender, or violent career criminal,23 or the state
attorney files a notice seeking that the defendant be sentenced as a prison releasee reoffender,
18
Section 893.02(4), F.S., a “controlled substance” means any substance named or described in Schedules I-V of s. 893.03,
F.S. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of such substances are drug
abuse laws. Section 893.03, F.S., Schedule I-and II substances are substances that have a high potential for abuse and no
currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet
accepted safety standards. Schedule III substances have a potential for abuse less than the substances contained in Schedules I
and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to
moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to
physical damage. Schedule IV substances have a low potential for abuse relative to the substances in Schedule III and has a
currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or
psychological dependence relative to