HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1627 Pretrial Release and Detention
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Garrison and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 17 Y, 0 N, As CS Padgett Hall
2) Judiciary Committee 16 Y, 5 N, As CS Padgett Kramer
SUMMARY ANALYSIS
Under the Florida Constitution, a person who is arrested for committing a criminal offense is generally entitled to
pretrial release on reasonable conditions unless a person is charged with a capital offense or a felony that is
punishable by life imprisonment. Bail is a common monetary condition of pretrial release that requires an arrestee to
pay a set sum of money to the court to be released from jail.
CS/CS/HB 1627 revises several statutes related to bail, pretrial detention, and pret rial release. Specifically, the bill:
Amends s. 903.011, F.S., to:
o Require the Florida Supreme Court (FSC) to develop a uniform statewide bond schedule by January 1, 2024;
o Prohibit the chief judge of a judicial circuit from establishing a bond schedule that sets a lower bond amount
for a criminal offense than the uniform statewide bond schedule without FSC approval;
o Authorize the chief judge of a judicial circuit to establish a bond schedule that sets a higher bond amount for
a criminal offense than the uniform statewide bond schedule; and
o Prohibit a person from being released prior to first appearance if such person has been arrested for
committing specified crimes or meets other specified criteria;
Amends s. 903.047, F.S., to:
o Require a court to consider the criteria used for determining bail in s. 903.046(2), F.S., when determining
whether to impose nonmonetary conditions in addition to or in lieu of monetary bond; and
o Specify examples of nonmonetary conditions of pretrial release that a court may impo se;
Amends s. 903.0471, F.S., to authorize a court to revoke pretrial release and order pretrial detention if a
defendant violates a condition of pretrial release in a material respect; and
Amends s. 907.041, F.S. to:
o Add DUI manslaughter, BUI manslaughter, trafficking in dangerous fentanyl and fentanyl analogues,
extortion, and written threats to kill to the list of “dangerous crimes” which may subject a defendant to pretrial
detention;
o Prohibit a court from granting nonmonetary pretrial release at a first appearance hearing if a defendant is
arrested for a dangerous crime and the court determines there is probable cause to believe the defendant
committed the offense;
o Require a state attorney, or a court on its own motion, to motion for pretrial detention i f a defendant is
arrested for a dangerous crime that is a capital felony, a life felony, or a first degree felony and the court
determines there is probable cause to believe that the defendant committed the offense;
o Require a court to order pretrial detention of a defendant who is arrested for a dangerous crime if the court
finds a substantial probability that the defendant committed the offense and that no conditions of release or
bail will reasonably protect the community from risk of physical harm;
o Provides time limitations for when a pretrial detention hearing must occur; and
o Authorize any party to motion for reconsideration of a pretrial detention order if the judge finds that
information exists that was not known to the party moving for reconsideration at the time of the initial pretrial
detention hearing.
The bill may have an indeterminate fiscal impact on the state court system in developing the uniform statewide bond
schedule, may result in increased workload to the state court system in conductin g first appearance and detention
hearings required under the bill, and may have an indeterminate positive jail bed impact as it may increase the
number of defendants who will be detained in a county detention facility prior to first appearance or trial.
The bill provides an effective date of January 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 3/31/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Under article I, section 14 of the Florida Constitution, “[u]nless charged with a capital offense or an
offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great,
every person charged with a crime or violation of municipal or county ordinance shall be entitled to
pretrial release on 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.”
Bail
After a person has been arrested, he or she must appear before a judge within 24 hours of arrest,
which is known as a “first appearance.” 1 At a first appearance, a judge advises a defendant of the
charges for which he or she was arrested, determines whether there is probable cause that a
defendant committed such an offense, and advises a defendant of specified rights. 2 If a judge
determines that probable cause exists, the judge then determines whether a defendant is entitled to
pretrial release. A judge may grant pretrial release either by setting a specified bail amount or releasing
the defendant on his or her own recognizance.3
Bail Determination
The purpose of a bail determination in a criminal proceeding is to ensure the appearance of a
defendant in subsequent proceedings and to protect the community against unreasonable danger from
the defendant.4 In making a bail determination, a court may 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.
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.
Any other facts that the court considers relevant.
Whether the crime charged is a violation of ch. 874, F.S.,5 or alleged to be subject to enhanced
punishment under ch. 874, F.S., or reclassification under s. 843.22, F.S.,6 in which case a
defendant is required to be detained until first appearance.
1 Fla. R. Crim. P. 3.130.
2 Id.
3 Fla. R. Crim. P. 3.131.
4 S. 903.046(1), F.S.
5 Ch. 874, F.S., provides specified crimes and enhanced penalties for gang -related offenses.
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Whether the defendant, other than a defendant whose only criminal charge is a misdemeanor
offense under ch. 316, F.S.,7 is required to register as a sexual offender under s. 943.0435,
F.S., or a sexual predator under s. 775.21, F.S., in which case a defendant is required to be
detained until first appearance.
Restrictions on Pretrial Release
A court may not grant a defendant who is charged with a “dangerous crime” nonmonetary pretrial
release at first appearance.8 A “dangerous crime” includes the following offenses:
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;
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;
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.9
After first appearance, a court retains the discretion to release a person charged with a dangerous
crime on electronic monitoring or on a recognizance bond if the findings on the record of facts and
circumstances warrant such a release.10
Pretrial Detention
The state attorney may file a motion for pretrial detention if a defendant is charged with specified
crimes, has previously violated conditions of release, is obstructing the judicial process, is on probation,
or is on pretrial release for committing a dangerous crime.11 The state attorney has the burden of
showing the need for pretrial detention.12
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
6 S. 843.22, F.S., enhances a defendant’s sentence if he or she travels across county lines with the intent to commit a burglar y.
7 Ch. 316, F.S., provides criminal traffic offenses.
8 S. 907.041(4)(b), F.S.
9 S. 907.041(4)(a), F.S.
10 S. 907.041(4)(b), F.S.
11 S. 907.041(4)(f), F.S.
12 S. 907.041(4)(g), F.S.
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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;
The defendant is charged with trafficking in controlled substances under s. 893.135, F.S., there
is a substantial probability that the defendant has committed the offense, and no conditions of
release will reasonably assure the defendant's appearance at subsequent criminal proceedings;
The defendant is charged with DUI manslaughter, there is a substantial probability that the
defendant committed the crime, and the defendant poses a threat of harm to the community;
The defendant poses the threat of harm to the community;13
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;
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:
o Has previously been sentenced as a prison releasee reoffender, habitual violent felony
offender, three-time violent felony offender, or violent career criminal, or the state
attorney files a notice seeking that the defendant be sentenced as a prison releasee
reoffender, habitual violent felony offender, three-time violent felony offender, or violent
career criminal;
o There is a substantial probability that the defendant committed the offense; and
o There are no conditions of release that can reasonably protect the community from risk
of physical harm or ensure the presence of the accused at trial. 14
Bond Schedules
To improve efficiency and ensure consistency in determining a defendant’s bail amount, the Chief
Judge of a judicial circuit may issue an administrative order promulgating a “bond schedule.” Generally,
a bond schedule provides the bail amount required to bond out of jail for a specified crime prior to first
appearance.15 A bond schedule also prohibits certain defendants from being released before first
appearance due to the severity of the offense committed or the status of the defendant. 16 If a defendant
is prohibited from being released before first appearance, his or her bond is set by a judge at a first
appearance.
Pretrial Release
Conditions of Pretrial Release
Section 903.047, F.S., requires a defendant, as a condition of pretrial release on a surety bond,
recognizance bond, or other form of bond to:
Refrain from criminal activity of any kind;
13 A court may conclude a defendant poses the threat of harm to the community if the defendant is charged with a dangerous crime ,
there is a substantial probability that the defendant committed such crime, the factual circumstances of the crime indicate a disregard
for the safety of the community, and there are no conditions of release reasonably sufficient to protect the community from t he risk of
physical harm to persons. S. 907.041(4)(c)5., F.S.
14 S. 907.041(4)(c), F.S.
15 Twelfth Judicial Circuit, Bond Schedule for Criminal Proceedings, https://www.jud12.flcourts.org/Portals/0/AdminOrders/
Section03/13-11.3.pdf?ver=JvXXR9P2G_o2gySEJ1qhsA%3D%3D (last visited Mar. 31, 2023).
16 For example, a defendant who is arrested for a violation of felony probation or community control may not be granted bail in specified
circumstances. See s. 903.0351, F.S.
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If the court issues an order of no contact, to refrain from any contact of any type with the victim;
and
Comply with all conditions of pretrial release.
Revocation of Pretrial Release
Section 903.0471, F.S., authorizes a court, on its own motion, to revoke pretrial release and order
pretrial detention if a court finds probable cause to believe that a defendant committed a new crime
while on pretrial release.
Effect of Proposed Changes
Bond Schedules
CS/CS/HB 1627 amends s. 903.011, F.S., to require the Florida Supreme Court (FSC) to adopt, by
January 1, 2024, a uniform statewide bond schedule for all criminal offenses except those offenses
which require a defendant to be detained until first appearance. The bill authorizes the chief judge of a
judicial circuit to establish a local bond schedule that increases the monetary bond applicable to a
criminal offense that is included in the statewide bond schedule without FSC approval. However, the bill
prohibits a chief judge of a judicial circuit from establishing a local bond schedule that sets a lower bond
amount than that required by the uniform statewide bond schedule. Under the bill, a chief judge may
petition the FSC to approve a local bond schedule that sets a lower bond amount than that which is
required by the uniform statewide bond schedule. If the FSC approves such a local bond schedule, the
schedule may be used by the judicial circuit.
In adopting the uniform statewide bond schedule or reviewing a petition for a local bond schedule that
deviates from the uniform statewide bond schedule,