Florida 2023 2023 Regular Session

Florida Senate Bill S1478 Analysis / Analysis

Filed 05/03/2023

                    The Florida Senate 
HOUSE MESSAGE SUMMARY  
Prepared By: The Professional Staff of the Committee on Criminal Justice 
 
 [2023s01478.hms.cj] 
BILL:  CS/SB 1478, 1st Eng. 
INTRODUCER: Criminal Justice Committee and Senator Simon 
SUBJECT: Criminal Sentencing 
DATE: May 3, 2023 
 
I.Amendments Contained in Message: 
House Amendment – 224833 (body with title) 
II.Summary of Amendments Contained in Message: 
House Amendment – 224833 revises the time period and requirements relevant to the release 
without bail of a probationer or offender with an alleged low risk violation. 
 
The bill, prior to the amendment, required the court, within 20 days after arrest, to give the 
probationer or offender an opportunity to be fully heard on his or her behalf in person or by 
counsel. If no hearing is held within 20 days after arrest, the court must release the probationer or 
offender without bail. The court may impose nonmonetary conditions of release. 
 
The amendment requires the court, within 30 days after arrest or after counsel appears for the 
probationer or offender, whichever occurs later, to give the probationer or offender an 
opportunity to be fully heard on his or her behalf in person or by counsel. If no hearing is held 
within 30 days after arrest or after counsel appears for the probationer or offender, whichever 
occurs later, the court must release the probationer or offender without bail unless the court finds 
that the hearing was not held in the applicable time frame due to circumstances attributable to the 
probationer or offender. If the probationer or offender is released, the court may impose 
nonmonetary conditions of release.