The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

View Entire Chapter

F.S. 903.0351

903.0351 Restrictions on pretrial release pending probation-violation hearing or community-control-violation hearing.—

(1) In the instance of an alleged violation of felony probation or community control, bail or any other form of pretrial release shall not be granted prior to the resolution of the probation-violation hearing or the community-control-violation hearing to:

(a) A violent felony offender of special concern as defined in s. 948.06;

(b) A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in s. 948.06(8)(c); or

(c) A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in s. 948.06(8)(c) on or after the effective date of this act.

(2) Subsection (1) shall not apply where the alleged violation of felony probation or community control is based solely on the probationer or offender’s failure to pay costs or fines or make restitution payments.

History.—s. 2, ch. 2007-2; s. 47, ch. 2016-24.

F.S. 903.0351 on Google Scholar

F.S. 903.0351 on Casetext

Amendments to 903.0351

Arrestable Offenses / Crimes under Fla. Stat. 903.0351

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.0351.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. LAWRENCE,, 219 So. 3d 941 (Fla. Dist. Ct. App. 2017)

. . . The State filed a petition for writ of certiorari seeking to- quash the court’s order finding section 903.0351 . . . Subsequently, the State moved to revoke bond pursuant to section 903.0351(l)(b), Florida Statutes (2016 . . . Therefore, the court held that section 903.0351(l)(b) is unconstitutional on its face and as applied, . . . Analysis Section 903.0351(l)(b), Florida Statutes (2016), is not unconstitutional for failing to provide . . . The petition for writ of certiorari is granted and the court’s order declaring section 903.0351(l)(b) . . .

BAILEY, a k a R. v. STATE, 136 So. 3d 617 (Fla. Dist. Ct. App. 2013)

. . . (b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony offender . . .

CHERINGTON, Sr. v. STATE, 24 So. 3d 658 (Fla. Dist. Ct. App. 2009)

. . . felony offender of special concern” is defined as follows: (b) For purposes of this section and ss. 903.0351 . . .