FloridaFlorida law makes some pretrial release violations separate crimes
Starting October 1, 2026, people released after arrest for specified violent offenses face a misdemeanor charge for willfully breaking certain court-ordered conditions.
What it does
People arrested for specified violent offenses face a first-degree misdemeanor charge for willfully breaking certain court-ordered release conditions. A second or later violation is a third-degree felony.
A person arrested for a covered release violation, or for a new law violation while released after a covered offense, must stay in custody until the first hearing. The judge then decides whether to detain or release them with conditions.
An officer may arrest without a warrant if there is probable cause to believe someone willfully broke a covered release condition. The law also protects officers from civil liability for arrests based on probable cause of a violation under this section.
Argument forJudges must weigh victim and public safety, along with a person's record of following court orders, which could help them assess risks while a case is pending.
Argument againstA person arrested over an alleged violation could remain in custody until the first hearing, before a judge decides whether to detain or release them.
More detail
A person commits a first-degree misdemeanor for willfully violating a covered release condition. Covered offenses include the listed violent crimes and any other felony involving physical force or violence against a person. The condition must be one described in section 903.047(1)(b) and imposed by a court after the person was arrested for a covered offense. The law takes effect October 1, 2026.
A person arrested for a covered release violation, or for a new law violation while on release after a covered offense, must be held until the first appearance hearing. The court must prioritize victim and public safety and also consider the underlying offense, the person's history of following court orders, and evidence of intent to intimidate, harass, or harm someone. At the hearing, the court decides whether to detain the person or release them with conditions. The custody requirement lasts until the person's first appearance hearing.
An officer may arrest without a warrant when there is probable cause to believe a person willfully violated a covered release condition. An officer may not be held civilly liable for an arrest based on probable cause to believe the person violated this section. The civil-liability protection applies to an arrest based on probable cause to believe the person violated section 903.0472. The warrantless arrest authority applies to a willful violation described in section 903.0472(1). These provisions take effect October 1, 2026.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 17Chapter No. 2026-155Latest
- Jun 16Approved by Governor Ron DeSantisBecame Law
- Jun 9Signed by Officers and presented to GovernorTo Governor
- Feb 26Ordered enrolledMinor
- Vote recorded Third Reading. Result: pass.Upper
- Feb 26In Messages
- Feb 26Immediately certified
- Feb 26CS passed; YEAS 37 NAYS 0Passed Senate
- Feb 26Read 3rd timeMinor
- Feb 26Read 2nd timeMinor
- Feb 26Substituted for CS/SB 760
- Feb 26Placed on Calendar, on 2nd reading
- Feb 26Withdrawn from AppropriationsMajor
- Feb 18ReceivedMinor
- Feb 18Referred to AppropriationsMinor
- Feb 17In Messages
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Feb 17CS passed; YEAS 101, NAYS 8Passed House
- Feb 17Read 3rd timeMinor
- Feb 17Added to Third Reading Calendar
- Feb 17Read 2nd timeMinor
- Feb 10Bill added to Special Order Calendar (2/17/2026)
- Jan 28Added to Second Reading Calendar
- Jan 28Bill referred to House Calendar
- Jan 271st Reading (Committee Substitute 2)Minor
- Vote recorded Favorable With Committee Substitute (Judiciary Committee). Result: pass.Lower
- Jan 27CS FiledMinor
- Jan 27Laid on Table under Rule 7.18(a)Minor
- Jan 27Reported out of Judiciary Committee
- Jan 27Favorable with CS by Judiciary CommitteeMinor
- Jan 23Added to Judiciary Committee agenda
- Jan 21Now in Judiciary Committee
- Vote recorded Favorable (Justice Budget Subcommittee). Result: pass.Lower
- Jan 21Reported out of Justice Budget Subcommittee
- Jan 21Favorable by Justice Budget SubcommitteeMinor
- Jan 16Added to Justice Budget Subcommittee agenda
- Jan 16Now in Justice Budget Subcommittee
- Jan 16Referred to Judiciary CommitteeMinor
- Jan 16Referred to Justice Budget SubcommitteeMinor
- Jan 151st Reading (Committee Substitute 1)Minor
- Jan 14CS FiledMinor
- Vote recorded Favorable (Criminal Justice Subcommittee). Result: pass.Lower
- Jan 14Laid on Table under Rule 7.18(a)Minor
- Jan 14Reported out of Criminal Justice Subcommittee
- Jan 14Favorable with CS by Criminal Justice SubcommitteeMinor
- Jan 131st Reading (Original Filed Version)Minor
- Jan 12PCS added to Criminal Justice Subcommittee agenda
- 2025
- Nov 18Now in Criminal Justice Subcommittee
- Nov 18Referred to Judiciary CommitteeMinor
- Nov 18Referred to Justice Budget SubcommitteeMinor
- Nov 18Referred to Criminal Justice SubcommitteeMinor
- Nov 12FiledIntroduced
Criminal JusticePublic Safety