Read the full stored bill text
Florida Senate
-
2026
CS for SB 760
By
the Committee on Criminal Justice; and Senator McClain
591-02408-26 2026760c1
1 A bill to be entitled
2 An act relating to violations of pretrial release
3 conditions for violent crimes; providing a short
4 title; creating s. 903.0472, F.S.; providing that a
5 person who is on pretrial release for a specified
6 violent crime commits a separate criminal offense if
7 such person willfully violates certain conditions of
8 pretrial release; providing criminal penalties;
9 providing criminal penalties for a second or
10 subsequent violation; requiring a person who is
11 arrested for committing specified violations to be
12 held in custody until his or her first appearance
13 hearing; requiring the court to consider certain
14 factors in determining whether to order pretrial
15 detention or grant pretrial release; providing that a
16 law enforcement officer is not liable in a civil
17 action for an arrest of a person based on probable
18 cause to believe that the person has violated a
19 condition of pretrial release in specified
20 circumstances; amending s. 901.15, F.S.; authorizing a
21 law enforcement officer to arrest a person without a
22 warrant if there is probable cause to believe that the
23 person has willfully violated certain conditions of
24 pretrial release; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1.
This act may be cited as the “Victim Safety in
29
Pretrial Release Act.”
30 Section 2. Section 903.0472, Florida Statutes, is created
31 to read:
32
903.0472
Violations of pretrial release for specified
33
crimes.—
34
(1)
A person commits a misdemeanor of the first degree,
35
punishable as provided in s. 775.082 or s. 775.083, if he or she
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willfully violates a condition of pretrial release described in
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s. 903.047(1)(b) which a court imposed after he or she was
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arrested for committing any of the following offenses:
39
(a)
Murder, as defined in s. 782.04;
40
(b)
Manslaughter, as defined in s. 782.07;
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(c)
Assault, as defined in s. 784.011;
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(d)
Aggravated assault, as defined in s. 784.021;
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(e)
Battery, as defined in s. 784.03;
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(f)
Aggravated battery, as defined in s. 784.045;
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(g)
Stalking, as defined in s. 784.048(2);
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(h)
Aggravated stalking, as defined in s. 784.048(3), (4),
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(5), or (7);
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(i)
Kidnapping, as defined in s. 787.01;
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(j)
False imprisonment, as defined in s. 787.02;
50
(k)
Sexual battery, as defined in s. 794.011;
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(l)
Lewd or lascivious offenses committed upon or in the
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presence of persons less than 16 years of age, as described in
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s. 800.04;
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(m)
Robbery, as defined in s. 812.13;
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(n)
Written or electronic threats to kill or do bodily
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injury, as described in s. 836.10; or
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(o)
Any other felony that involves the use or threat of
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physical force or violence against any individual.
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(2)
A person commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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if he or she commits a second or subsequent violation of
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subsection (1).
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(3)
A person who is arrested for a violation of this
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section or who is on pretrial release for committing an offense
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specified in subsection (1) and who is arrested for committing a
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new law violation shall be held in custody until his or her
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first appearance hearing, at which time the court shall review
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the alleged violation and determine whether to order pretrial
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detention or to grant pretrial release with appropriate
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conditions. In making such determinations, the court shall
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prioritize the safety of the victim and the public and, in
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addition to the criteria in s. 903.046(2), shall also consider:
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(a)
The nature and severity of the underlying offense for
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which conditions of pretrial release were imposed.
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(b)
The person’s history of compliance with court orders.
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(c)
Any evidence of the person’s intent to intimidate,
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harass, or harm any person.
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(4)
A law enforcement officer may not be held liable in any
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civil action for an arrest of a person based on probable cause
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to believe that the person has violated this section.
81 Section 3. Subsection (17) is added to section 901.15,
82 Florida Statutes, to read:
83 901.15 When arrest by officer without warrant is lawful.—A
84 law enforcement officer may arrest a person without a warrant
85 when:
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(17)
There is probable cause to believe that the person has
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committed a violation of s. 903.0472(1), for willfully violating
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a condition of pretrial release for a specified crime.
89 Section 4. This act shall take effect October 1, 2026.