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2An act relating to violations of pretrial release
3conditions for violent crimes; providing a short
4title; creating s. 903.0472, F.S.; providing that a
5person who is on pretrial release for a specified
6violent crime commits a separate criminal offense if
7such person willfully violates certain conditions of
8pretrial release; providing a penalty for a second or
9subsequent violation; requiring a person who is
10arrested for committing specified violations to be
11held in custody until his or her first appearance
12hearing; requiring the court to consider certain
13factors in determining whether to order pretrial
14detention or grant pretrial release; providing that a
15law enforcement officer is not liable in a civil
16action for an arrest of a person based on probable
17cause to believe that the person has violated a
18condition of pretrial release in specified
19circumstances; amending s. 901.15, F.S.; authorizing a
20law enforcement officer to arrest a person without a
21warrant if there is probable cause to believe that the
22person has willfully violated certain conditions of
23pretrial release; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
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27Section 1.  This act may be cited as the "Victim Safety in
28    Pretrial Release Act."
29Section 2.  Section 903.0472, Florida Statutes, is created
30    to read:
31903.0472  Violations of pretrial release for specified
32    crimes.—
33(1)     A person commits a misdemeanor of the first degree,
34    punishable as provided in s. 775.082 or s. 775.083, if he or she
35    willfully violates a condition of pretrial release described in
36    s. 903.047(1)(b) which a court imposed after he or she was
37    arrested for committing any of the following offenses:
38(a)     Murder, as defined in s. 782.04;
39(b)     Manslaughter, as defined in s. 782.07;
40(c)     Assault, as defined in s. 784.011;
41(d)     Aggravated assault, as defined in s. 784.021;
42(e)     Battery, as defined in s. 784.03;
43(f)     Aggravated battery, as defined in s. 784.045;
44(g)     Stalking, as defined in s. 784.048(2);
45(h)     Aggravated stalking, as defined in s. 784.048(3), (4),
46    (5), or (7);
47(i)     Kidnapping, as defined in s. 787.01;
48(j)     False imprisonment, as defined in s. 787.02;
49(k)     Sexual battery, as defined in s. 794.011;
50(l)     Lewd or lascivious offenses committed upon or in the
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51    presence of persons less than 16 years of age, as described in
52    s. 800.04;
53(m)     Robbery, as defined in s. 812.13;
54(n)     Written or electronic threats to kill or do bodily
55    injury, as described in s. 836.10; or
56(o)     Any other felony that involves the use or threat of
57    physical force or violence against any individual.
58(2)     A person commits a felony of the third degree,
59    punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
60    if he or she commits a second or subsequent violation of
61    subsection (1).
62(3)     A person who is arrested for a violation of this
63    section or who is on pretrial release for committing an offense
64    specified in subsection (1) and who is arrested for committing a
65    new law violation shall be held in custody until his or her
66    first appearance hearing, at which time the court shall review
67    the alleged violation and determine whether to order pretrial
68    detention or to grant pretrial release with appropriate
69    conditions. In making such determinations, the court shall
70    prioritize the safety of the victim and the public and, in
71    addition to the criteria in s. 903.046(2), shall also consider:
72(a)     The nature and severity of the underlying offense for
73    which conditions of pretrial release were imposed.
74(b)     The person's history of compliance with court orders.
75(c)     Any evidence of the person's intent to intimidate,
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76    harass, or harm any person.
77(4)     A law enforcement officer may not be held liable in
78    any civil action for an arrest of a person based on probable
79    cause to believe that the person has violated this section.
80Section 3.  Subsection (17) is added to section 901.15,
81    Florida Statutes, to read:
82901.15        When arrest by officer without warrant is lawful.—A
83    law enforcement officer may arrest a person without a warrant
84    when:
85(17)        There is probable cause to believe that the person
86    has committed a violation of s. 903.0472(1), for willfully
87    violating a condition of pretrial release for a specified crime.
88Section 4.  This act shall take effect October 1, 2026.
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