Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 903.0471 | Lawyer Caselaw & Research
F.S. 903.0471 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 903.0471

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 903
BAIL
View Entire Chapter
F.S. 903.0471
903.0471 Violation of condition of pretrial release.Notwithstanding s. 907.041, a court may, on its own motion, 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.
History.s. 3, ch. 2000-178; s. 3, ch. 2023-27.

F.S. 903.0471 on Google Scholar

F.S. 903.0471 on Casetext

Amendments to 903.0471


Arrestable Offenses / Crimes under Fla. Stat. 903.0471
Level: Degree
Misdemeanor/Felony: First/Second/Third

S903.0471 - CONDIT RELEASE VIOLATION - - N: N



Annotations, Discussions, Cases:

Cases from cite.case.law:

MEDINA, v. STATE, 182 So. 3d 843 (Fla. Dist. Ct. App. 2016)

. . . See § 903.0471, Fla. . . . Rambosk, 100 So.3d 2, 4 (Fla. 2d DCA 2011) (the probable cause determination required under section • 903.0471 . . .

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 . . . Section 903.0471, Florida Statutes (2014), provides that “a court may, on its own motion, revoke pretrial . . . The Florida Supreme Court found that an adversarial hearing was not required and that section 903.0471 . . . The Florida Supreme Court has, in fact, construed section 903.0471 broadly to authorize trial courts . . .

KNIGHT, v. GEE,, 161 So. 3d 473 (Fla. Dist. Ct. App. 2014)

. . . finds probable cause to believe that the defendant committed a new crime while on pretrial release,” § 903.0471 . . .

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

. . . release should not be equated with “pretrial release” as that term of art is used in sections 903.047 and 903.0471 . . . Therefore his release could not be revoked pursuant to section 903.0471 as a result of his subsequent . . .

PAOLERCIO, v. STATE, 129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)

. . . 916.17, Florida Statutes (2012), did not apply and that Petitioner could be detained pursuant to section 903.0471 . . . Petitioner claims he is entitled to immediate release in Osceola County Case No. 12-793 because section 903.0471 . . . Section 903.0471 provides: Violation of condition of pretrial release — Notwithstanding section 907.041 . . . Although section 903.0471 authorizes revocation of a competent defendant’s release and the imposition . . . Therefore, the trial court detained Petitioner pursuant to section 903.0471, finding that there was probable . . .

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

. . . from an order revoking his pretrial release and detaining him without bond entered pursuant to section 903.0471 . . . The very purpose of enacting section 903.0471 was to reinstate the common and well justified practice . . .

SIMEUS, v. RAMBOSK,, 100 So. 3d 2 (Fla. Dist. Ct. App. 2011)

. . . trial court subsequently revoked pretrial release and ordered pretrial detention pursuant to section 903.0471 . . . Pursuant to section 903.0471, the trial court may on its own motion revoke pretrial release and order . . . The probable cause determination required under section 903.0471 is similar to the probable cause determination . . . therefore did not provide a sufficient basis for the required probable cause determination under section 903.0471 . . .

GINSBERG, v. RYAN,, 60 So. 3d 475 (Fla. Dist. Ct. App. 2011)

. . . . § 903.0471 (authorizing court, on its own motion, to "revoke pretrial release and order pretrial detention . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 19 So. 3d 306 (Fla. 2009)

. . . The FPDA contrasts the language of section 907.041 with section 903.0471, Florida Statutes (2008), violation . . . State, 843 So.2d 871, 880 (Fla.2003) (stating that while section 903.0471 only requires that the judge . . .

BLAIR, v. STATE L., 15 So. 3d 758 (Fla. Dist. Ct. App. 2009)

. . . . § 903.0471, Fla. . . . State, 843 So.2d 871, 878 (Fla.2003) (finding section 903.0471 constitutional and suggesting that an . . .

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

. . . Section 903.0471 provides that a court may, on its own motion, revoke pretrial release and order pretrial . . .

NEWTON, v. STATE, 963 So. 2d 929 (Fla. Dist. Ct. App. 2007)

. . . .; see § 903.0471, Fla. Stat. (2006). . . .

BAEHREN, v. STATE, 962 So. 2d 417 (Fla. Dist. Ct. App. 2007)

. . . His bond was revoked pursuant to section 903.0471, Florida Statutes, after the trial court found probable . . .

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 . . . unrelated misdemeanor charge and the trial court ordered him held without bond pursuant to section 903.0471 . . .

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

. . . The Florida Supreme Court held that section 903.0471, Florida Statutes, which allows a trial court to . . . Section 903.047 is immediately followed by section 903.0471, which is the subject of Parker and states . . . revoke the pretrial release in case number CF06-000735-XX, it was properly proceeding under section 903.0471 . . . been on any form of pretrial release as to those charges, the trial court could not rely on section 903.0471 . . . Neither Parker nor section 903.0471 addresses the court’s authority to hold a defendant with no bond . . .

DOUSE, Jr. v. STATE L., 930 So. 2d 838 (Fla. Dist. Ct. App. 2006)

. . . response the State argued that “regardless of chapter 916” the court had the authority under section 903.0471 . . . The court finds that ... under [section] 903.0471 that he has violated these conditions of release and . . . For competent defendants, section 903.0471 does indeed authorize revocation of release and the imposition . . .

RESENDES, v. L. BRADSHAW,, 935 So. 2d 19 (Fla. Dist. Ct. App. 2006)

. . . See § 903.0471, Fla. Stat. (2005); Parker v. State, 843 So.2d 871 (Fla.2003). . . . .

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

. . . Spears, 814 So.2d 1167 (Fla. 3d DCA 2002) (holding section 903.0471, Florida Statutes, constitutional . . .

GADSON, v. JENNE,, 882 So. 2d 531 (Fla. Dist. Ct. App. 2004)

. . . See § 903.0471, Fla. Stat. (2000). . . .

REYES, v. McCRAY, Co., 879 So. 2d 1269 (Fla. Dist. Ct. App. 2004)

. . . In a perversion of logic, the State also seeks to justify the trial court’s action by reference to § 903.0471 . . .

PERRY, v. STATE, 842 So. 2d 301 (Fla. Dist. Ct. App. 2003)

. . . Section 903.0471, Florida Statutes, provides for revocation of bail under the circumstances presented . . . The supreme court also found that section 903.0471 does not violate substantive due process or procedural . . . However, section 903.0471 is independent of section 907.041, and the procedures and requirements of the . . . Following Parker, we conclude that with regard to bail revocations pursuant to section 903.0471, if a . . . There is no indication in the language of section 903.0471, in contrast to section 907.041, that the . . .

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

. . . In this case, the trial court denied pretrial release under section 903.0471, Florida Statutes, finding . . . Thus, the Fourth District expressly declared section 903.0471 valid, and we exercised our discretion . . . The initial constitutional question posed by section 903.0471, as construed by the majority, is whether . . . Under section 903.0471, the crime for which the defendant might be arrested could range from driving . . . Section 903.0471 thus makes a novel use of the venerable concept of probable cause. . . . He later filed a motion to reconsider the bond revocation, contending that section 903.0471, Florida . . . And finally, the Legislature enacted section 903.0471, which provides as follows: 903.0471 Violation . . . THE CONSTITUTIONALITY OF SECTION 903.0471 Parker claims that section 903.0471 is unconstitutional for . . . As noted earlier, section 903.0471 provides: 903.0471 Violation of condition of pretrial release.— Notwithstanding . . . Procedural Due Process Finally, Parker contends that section 903.0471 violates procedural due process . . .

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

. . . The question presented is whether section 903.0471, Florida Statutes (2001) is constitutional. . . . In 2000, the Florida legislature enacted section 903.0471, Florida Statutes, which provides: 903.0471 . . . That being so, the defendant fell within the terms of section 903.0471. . . . Section 903.0471 is consistent with the approach followed in other jurisdictions. . . . For the reasons stated, we hold that section 903.0471, Florida Statutes, is constitutional. . . .

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

. . . .” § 903.0471, Fla. Stat. (2000). . . . The Legislature also created section 903.0471, which provides: 903.0471 Violation of condition of pretrial . . . State, 780 So.2d 210 (Fla. 4th DCA 2001), the Fourth District upheld the constitutionality of section 903.0471 . . . Although newly-enacted section 903.0471 is a freestanding provision authorizing pretrial detention if . . . Additionally, by enacting section 903.0471 and section 907.045(4)(b)7, the Legislature used the term . . .

PARKER, v. STATE, 780 So. 2d 210 (Fla. Dist. Ct. App. 2001)

. . . while on pretrial release and ordered his detention pursuant to recently enacted Florida Statute § 903.0471 . . . Before the passage of section 903.0471, the law in this court conflicted with the law in two other district . . . Although newly enacted section 903.0471 was not in effect when release was revoked in Bams, this court . . . We concluded that section 903.0471 clarified that the legislature had not intended that section 907.041 . . . The same legislature which passed section 903.0471 also amended section 907.041 to authorize pretrial . . .

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

. . . Significantly, the legislature created section 903.0471, which provides: 903.0471 Violation of condition . . . Section 903.0471 obviously allows this result when a defendant has committed new crimes while on pretrial . . . In creating sections 903.0471 and 907.041(4)(b)7, the legislature used the term “pretrial detention” . . .