The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.047

903.047 Conditions of pretrial release.—

(1) As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant must:

(a) Refrain from criminal activity of any kind.

(b) If the court issues an order of no contact, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. An order of no contact is effective immediately and enforceable for the duration of the pretrial release or until it is modified by the court. The defendant shall be informed in writing of the order of no contact, specifying the applicable prohibited acts, before the defendant is released from custody on pretrial release. As used in this section, unless otherwise specified by the court, the term “no contact” includes the following prohibited acts:

1. Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. If the victim and the defendant have children in common, at the request of the defendant, the court may designate an appropriate third person to contact the victim for the sole purpose of facilitating the defendant’s contact with the children. However, this subparagraph does not prohibit an attorney for the defendant, consistent with rules regulating The Florida Bar, from communicating with any person protected by the no contact order for lawful purposes.

2. Having physical or violent contact with the victim or other named person or his or her property.

3. Being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence.

4. Being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.

(c) Comply with all conditions of pretrial release imposed by the court. A court must consider s. 903.046(2) when determining whether to impose nonmonetary conditions in addition to or in lieu of monetary bond. Such nonmonetary conditions may include, but are not limited to, requiring a defendant to:

1. Maintain employment, or, if unemployed, actively seek employment.

2. Maintain or commence an educational program.

3. Abide by specified restrictions on personal associations, place of residence, or travel.

4. Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency.

5. Comply with a specified curfew.

6. Refrain from possessing a firearm, destructive device, or other dangerous weapon.

7. Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription from a licensed medical practitioner.

8. Undergo available medical, psychological, psychiatric, mental health, or substance abuse evaluation and follow all recommendations, including treatment for drug or alcohol dependency, and remain in a specified institution, if required for that purpose.

9. Return to custody for specified hours following release for employment, school, or other limited purposes.

10. Any other condition that is reasonably necessary to assure the appearance of the defendant at subsequent proceedings and to protect the community against unreasonable danger of harm.

(2) Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition required by paragraph (1)(b) if good cause is shown and the interests of justice so require. The victim shall be permitted to be heard at any proceeding in which such modification is considered, and the state attorney shall notify the victim of the provisions of this subsection and of the pendency of any such proceeding.

History.—s. 43, ch. 84-103; s. 12, ch. 84-363; s. 2, ch. 2006-279; s. 1, ch. 2015-17; s. 1, ch. 2016-204; s. 2, ch. 2023-27.

F.S. 903.047 on Google Scholar

F.S. 903.047 on Casetext

Amendments to 903.047

Arrestable Offenses / Crimes under Fla. Stat. 903.047

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.047.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . Stat. 903.047). 3. . . . Appendix—Continued Give as avvlicable and if the defendant is charged with violating a no contact order. £ 903.047 . . .

HARRIS, v. RYAN,, 147 So. 3d 1100 (Fla. Dist. Ct. App. 2014)

. . . Sections 903.047(l)(a), 903.0471, and 907.041(4)(c)7, Florida Statutes (2014), provide for revocation . . . Under section 903.047(l)(a), Florida Statutes (2014), as a condition of pretrial release, a defendant . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 141 So. 3d 1201 (Fla. 2014)

. . . provides as follows: “A person who willfully violates a condition of pretrial release provided in s. 903.047 . . . Stat. 903.047)” — reflects the interpretation that one can violate a condition of pretrial release before . . . Stat. 903.047). 3. . . .

A. GRIGLEN, v. RYAN,, 138 So. 3d 1172 (Fla. Dist. Ct. App. 2014)

. . . Procedure 3.133(a)(4), is on “pretrial release” and therefore subject to the conditions provided in section 903.047 . . . the defendant was required to be “released from custody,” without the condition set forth in section 903.047 . . . type of release should not be equated with “pretrial release” as that term of art is used in sections 903.047 . . . cannot be considered a “pretrial release” it could not be conditioned upon his compliance with section 903.047 . . . Section 903.047(l)(a), Florida Statutes (2013) provides: (1) As a condition of pretrial release, whether . . .

SANTIAGO, v. P. RYAN,, 109 So. 3d 848 (Fla. Dist. Ct. App. 2013)

. . . See § 903.047, Fla. . . .

CRIMINS, Jr. v. STATE, 113 So. 3d 945 (Fla. Dist. Ct. App. 2013)

. . . A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . addresses amendments to rule 3.131(a) (Right to Pretrial Release) to reflect that, pursuant to section 903.047 . . .

NEELD, v. STATE, 977 So. 2d 740 (Fla. Dist. Ct. App. 2008)

. . . When a pretrial detainee is released on his or her own recognizance, section 903.047(l)(a), Florida Statutes . . .

SHEPPARD, v. STATE, 974 So. 2d 529 (Fla. Dist. Ct. App. 2008)

. . . The conditions of pretrial release set out in section 903.047, referred to above, include the prohibition . . . of contact by the defendant with the victim. § 903.047(l)(b), Fla. . . . section 741.29(6). (6) A person who willfully violates a condition of pretrial release provided in s. 903.047 . . . Stat. (2006) (“A person who willfully violates a condition of pretrial release provided in s. 903.047 . . .

BYNUM, v. RYAN,, 954 So. 2d 1225 (Fla. Dist. Ct. App. 2007)

. . . Therefore, the defendant was not placed on pretrial release pursuant to sections 903.047-903.0471, Florida . . .

ALEXANDER, v. JUDD,, 930 So. 2d 847 (Fla. Dist. Ct. App. 2006)

. . . Section 903.047(l)(a), Florida Statutes (2005), specifically requires that a defendant who is on any . . . Section 903.047 is immediately followed by section 903.0471, which is the subject of Parker and states . . .

J. PARENT, v. STATE, 900 So. 2d 598 (Fla. Dist. Ct. App. 2004)

. . . The court found that the condition that Parent use no drugs was authorized by section 903.047(l)(a), . . .

HERNANDEZ, v. ROTH,, 890 So. 2d 1173 (Fla. Dist. Ct. App. 2004)

. . . Section 903.047 mandates that: “As a condition of pretrial release ... the court shall require that . . . . .. the defendant refrain from criminal activity of any kind ...” § 903.047(1)(8), Fla. . . . Furthermore, I fail to see how the language quoted from section 903.047 supports the majority, where . . .

STATE v. TORRES,, 890 So. 2d 292 (Fla. Dist. Ct. App. 2004)

. . . . § 903.047, Fla. Stat. (2002). . . .

H. PILORGE, v. STATE, 876 So. 2d 591 (Fla. Dist. Ct. App. 2004)

. . . which provides: (6) A person who willfully violates a condition of pretrial release provided in s. 903.047 . . . One of the conditions authorized by section 903.047 is no contact with the victim. . . .

PARKER, v. STATE, 843 So. 2d 871 (Fla. 2003)

. . . Subsequent to the above amendment, the Legislature in 1984 enacted section 903.047, which provided in . . . relevant part: 903.047 Conditions of pretrial release.— (1) As a condition of pretrial release, whether . . . , the court shall require that: (a) The defendant refrain from criminal activity of any kind .... § 903.047 . . . After section 903.047 was enacted, the Legislature later gave “teeth” to that section’s proscription . . . contact with an alleged victim in violation of the mandatory condition of pretrial release under section 903.047 . . .

WILLIAMS, v. SPEARS,, 814 So. 2d 1167 (Fla. Dist. Ct. App. 2002)

. . . Id. 903.047(l)(a). . . . with it the explicit condition that “[t]he defendant refrain from criminal activity of any kind_” § 903.047 . . .

STATE v. PAUL,, 783 So. 2d 1042 (Fla. 2001)

. . . Section 903.047, Florida Statutes (1997), sets forth the statutory conditions of pretrial release, one . . .

BARNS, v. STATE, 768 So. 2d 529 (Fla. Dist. Ct. App. 2000)

. . . instead, such a revocation properly traveled under the more general provisions of sections 903.046 and 903.047 . . .

THOMAS, v. JENNE,, 766 So. 2d 320 (Fla. Dist. Ct. App. 2000)

. . . Sections 903.046 — 903.047, Florida Statutes (1999), have been ignored by this court. . . . Unlike the more narrow focus of section 907.041, sections 903.046 — 903.047 broadly define the 'powers . . . Section 903.047(l)(a) makes it a condition of all forms of pretrial release that the “defendant refrain . . . violating a condition of the bond, that the “defendant refrain from criminal activity of any kind.” § 903.047 . . . Section 903.047, Florida Statutes (1999), was enacted in 1984. . . .

HOUSER, v. MANNING,, 719 So. 2d 307 (Fla. Dist. Ct. App. 1998)

. . . conditions included the statutory condition that defendant not engage in any criminal activity, see § 903.047 . . . whether on bond or otherwise, that “[t]he defendant refrain from criminal activity of any kind _” § 903.047 . . .

N. MOODY, v. CAMPBELL,, 713 So. 2d 1032 (Fla. Dist. Ct. App. 1998)

. . . court from setting reasonable conditions for the petitioner’s pretrial release pursuant to section 903.047 . . .

ARCIA, v. MANNING,, 680 So. 2d 1146 (Fla. Dist. Ct. App. 1996)

. . . .; § 903.047(1). See also Fla. Const. Art. . . .