HB 569 2023
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hb0569-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to pretrial detention; amending s. 2
907.041, F.S.; adding additional offenses to the 3
definition of the term "dangerous crime" for purposes 4
of determining pretrial release eligibility; providing 5
an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Paragraph (a) of subsection (4) of section 10
907.041, Florida Statutes, is amended, and paragraphs (b) an d 11
(c) of that subsection are republished, to read: 12
907.041 Pretrial detention and release. — 13
(4) PRETRIAL DETENTION. — 14
(a) As used in this subsection, "dangerous crime" means 15
any of the following: 16
1. Arson; 17
2. Aggravated assault; 18
3. Aggravated battery; 19
4. Illegal use of explosives; 20
5. Child abuse or aggravated child abuse; 21
6. Abuse of an elderly person or disabled adult, or 22
aggravated abuse of an elderly person or disabled adult; 23
7. Aircraft piracy; 24
8. Kidnapping; 25
HB 569 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
9. Homicide; 26
10. Manslaughter; 27
11. Sexual battery; 28
12. Robbery; 29
13. Carjacking; 30
14. Lewd, lascivious, or indecent assault or act upon or 31
in presence of a child under the age of 16 years; 32
15. Sexual activity with a child, who is 12 years of age 33
or older but less than 18 years of age, by or at solicitation of 34
person in familial or custodial authority; 35
16. Burglary of a dwelling; 36
17. Stalking and aggravated stalking; 37
18. Act of domestic violence as defined in s. 741.28; 38
19. Home invasion robbery; 39
20. Act of terrorism as defined in s. 775.30; 40
21. Manufacturing any substances in violation of chapter 41
893; 42
22. Attempting or conspiring to commit any such crime; and 43
23. Human trafficking ; 44
24. Extortion in violation of s. 836.05; and 45
25. Written threats t o kill in violation of s. 836.10 . 46
(b) No person charged with a dangerous crime shall be 47
granted nonmonetary pretrial release at a first appearance 48
hearing; however, the court shall retain the discretion to 49
release an accused on electronic monitoring or o n recognizance 50
HB 569 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bond if the findings on the record of facts and circumstances 51
warrant such a release. 52
(c) The court may order pretrial detention if it finds a 53
substantial probability, based on a defendant's past and present 54
patterns of behavior, the crite ria in s. 903.046, and any other 55
relevant facts, that any of the following circumstances exist: 56
1. The defendant has previously violated conditions of 57
release and that no further conditions of release are reasonably 58
likely to assure the defendant's appea rance at subsequent 59
proceedings; 60
2. The defendant, with the intent to obstruct the judicial 61
process, has threatened, intimidated, or injured any victim, 62
potential witness, juror, or judicial officer, or has attempted 63
or conspired to do so, and that no co ndition of release will 64
reasonably prevent the obstruction of the judicial process; 65
3. The defendant is charged with trafficking in controlled 66
substances as defined by s. 893.135, that there is a substantial 67
probability that the defendant has committed t he offense, and 68
that no conditions of release will reasonably assure the 69
defendant's appearance at subsequent criminal proceedings; 70
4. The defendant is charged with DUI manslaughter, as 71
defined by s. 316.193, and that there is a substantial 72
probability that the defendant committed the crime and that the 73
defendant poses a threat of harm to the community; conditions 74
that would support a finding by the court pursuant to this 75
HB 569 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph that the defendant poses a threat of harm to the 76
community include, but are not limited to, any of the following: 77
a. The defendant has previously been convicted of any 78
crime under s. 316.193, or of any crime in any other state or 79
territory of the United States that is substantially similar to 80
any crime under s. 316.193; 81
b. The defendant was driving with a suspended driver 82
license when the charged crime was committed; or 83
c. The defendant has previously been found guilty of, or 84
has had adjudication of guilt withheld for, driving while the 85
defendant's driver license was sus pended or revoked in violation 86
of s. 322.34; 87
5. The defendant poses the threat of harm to the 88
community. The court may so conclude, if it finds that the 89
defendant is presently charged with a dangerous crime, that 90
there is a substantial probability that t he defendant committed 91
such crime, that the factual circumstances of the crime indicate 92
a disregard for the safety of the community, and that there are 93
no conditions of release reasonably sufficient to protect the 94
community from the risk of physical harm t o persons; 95
6. The defendant was on probation, parole, or other 96
release pending completion of sentence or on pretrial release 97
for a dangerous crime at the time the current offense was 98
committed; 99
7. The defendant has violated one or more conditions of 100
HB 569 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pretrial release or bond for the offense currently before the 101
court and the violation, in the discretion of the court, 102
supports a finding that no conditions of release can reasonably 103
protect the community from risk of physical harm to persons or 104
assure the presence of the accused at trial; or 105
8.a. The defendant has ever been sentenced pursuant to s. 106
775.082(9) or s. 775.084 as a prison releasee reoffender, 107
habitual violent felony offender, three -time violent felony 108
offender, or violent career criminal, or the state attorney 109
files a notice seeking that the defendant be sentenced pursuant 110
to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 111
habitual violent felony offender, three -time violent felony 112
offender, or violent career criminal; 113
b. There is a substantial probability that the defendant 114
committed the offense; and 115
c. There are no conditions of release that can reasonably 116
protect the community from risk of physical harm or ensure the 117
presence of the accused at trial. 118
Section 2. This act shall take effect July 1, 2023. 119