HB 397 — Violations of Pretrial Release Conditions for Violent Crimes
Last action — Chapter No. 2026-155
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill has been sent to the executive. Introduced November 12, 2025. It awaits signature.
Signed by Governor Ron DeSantis (Republican) on June 09, 2026.
Next likely step: the executive signs it into law or issues a veto.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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To Executive
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 6 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill makes violations of pretrial release conditions for violent crimes a separate offense.
This bill establishes that willfully violating pretrial release conditions for certain violent crimes is a separate criminal offense. It also sets penalties for repeated violations and allows law enforcement to arrest individuals for these violations.
Summary
Violations of Pretrial Release Conditions for Violent Crimes; Provides that person who is on pretrial release for specified violent crime commits separate criminal offense if such person willfully violates certain conditions of pretrial release; provides penalty for second or subsequent violation; requires person who is arrested for committing specified violations to be held in custody until his or her first appearance hearing; requires court to consider certain factors in determining whether to order pretrial detention or grant pretrial release; provides that law enforcement officer is not liable in civil action for arrest of person based on probable cause to believe that person has violated condition of pretrial release in specified circumstances; authorizes law enforcement officer to arrest person without warrant if there is probable cause to believe that person has willfully violated certain conditions of pretrial release.
Bill Text
What changed in the latest version
83 added · 87 removed83 line(s) added, 87 removed.
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 CS/CS/HBCS/HB 397 2026 A bill to be entitled An act relating to violations of pretrial release conditions for violent crimes;
requiringspecifying aprocedures personat whothe isperson's arrested for committing specified violations to be held in custody until his or her first appearance hearing;
PageSection 11. of 4 CODING:
This act may be cited as the "Victim Safety in Page 1 of 4 CODING:
hb397-02-c2hb397-01-c1 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 CS/CS/HBCS/HB 397 2026 Pretrial Release Act." Section 1.2.
This act may be cited as the "Victim Safety in Pretrial Release Act." Section 2.
(l) Lewd or lascivious offenses committed upon or in the Pagepresence 2of persons less than 16 years of 4age, CODING:as described in s.
800.04;
Page 2 of 4 CODING:
hb397-02-c2hb397-01-c1 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 CS/CS/HBCS/HB 397 2026 presence(m) ofRobbery, persons less than 16 years of age, as describeddefined in s.
800.04;
(m) Robbery, as defined in s.
(3) A person who is arrested for a violation of this section or who is on pretrial release for committing an offense specified in subsection (1) and who is arrested for committing a new law violation shall be held in custody until his or her first appearance hearing, at which time the court shall review the alleged violation and determine whether to order pretrial detention or to grant pretrial release with appropriate conditions.
(c) Any evidence of the person's intent to intimidate, Pageharass, 3or ofharm 4any CODING:person.
(4) A law enforcement officer may not be held liable in any civil action for an arrest of a person based on probable cause to believe that the person has violated this section.
Page 3 of 4 CODING:
hb397-02-c2hb397-01-c1 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 CS/CS/HBCS/HB 397 2026 harass,Section or3. harm any person.
(4) A law enforcement officer may not be held liable in any civil action for an arrest of a person based on probable cause to believe that the person has violated this section.
Section 3.
hb397-02-c2hb397-01-c1
View plain text versions (4)
- H 397 c1 View text pdf
- H 397 c2 View text pdf
- H 397 er View text Current pdf
- Introduced H 397 Filed pdf
Action History
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Chapter No. 2026-155
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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In Messages
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Immediately certified -SJ 463
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CS passed; YEAS 37 NAYS 0 -SJ 456
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Read 3rd time -SJ 456
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Read 2nd time -SJ 456
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Substituted for CS/SB 760 -SJ 456
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Placed on Calendar, on 2nd reading
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Withdrawn from Appropriations -SJ 456
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Received
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Referred to Appropriations
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In Messages
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CS passed; YEAS 101, NAYS 8
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Read 3rd time
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Added to Third Reading Calendar
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Read 2nd time
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Bill added to Special Order Calendar (2/17/2026)
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Added to Second Reading Calendar
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Bill referred to House Calendar
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1st Reading (Committee Substitute 2)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Judiciary Committee
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Favorable with CS by Judiciary Committee
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Added to Judiciary Committee agenda
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Now in Judiciary Committee
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Reported out of Justice Budget Subcommittee
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Favorable by Justice Budget Subcommittee
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Added to Justice Budget Subcommittee agenda
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Now in Justice Budget Subcommittee
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Referred to Judiciary Committee
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Referred to Justice Budget Subcommittee
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Criminal Justice Subcommittee
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Favorable with CS by Criminal Justice Subcommittee
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1st Reading (Original Filed Version)
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PCS added to Criminal Justice Subcommittee agenda
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Now in Criminal Justice Subcommittee
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Referred to Judiciary Committee
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Referred to Justice Budget Subcommittee
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Referred to Criminal Justice Subcommittee
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Filed
Sponsors
- Judiciary Committee · Primary
- Criminal Justice Subcommittee · Cosponsor
- Dan Daley · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 161 not signed on · 8 voted No
Sponsors (1)
- Judiciary Committee
Co-sponsors (2)
- Criminal Justice Subcommittee
- Daley, Dan Democrat
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 75 | 0 | 0 | 4 |
| Democrat | 22 | 8 | 0 | 4 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Total | 101 | 8 | 0 | 8 |
| % of votes cast | 86% | 7% | 0% | 7% |
How each member voted (117)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 9 | 0 | 0 | 1 |
| Republican | 27 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Arrington, Kristen Aston | Democrat | Yea |
| Berman, Lori | Democrat | Yea |
| Bernard, Mack | Democrat | Yea |
| Bracy Davis, LaVon | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Osgood, Rosalind | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Sharief, Barbara | Democrat | Not Voting |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Gaetz, Don | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Not Voting |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Martin, Jonathan | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| McClain, Stan | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Simon, Corey | Republican | Yea |
| Smith, David | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 79 | 0 | 0 | 4 |
| Democrat | 21 | 8 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 101 | 8 | 0 | 7 |
| % of votes cast | 87% | 7% | 0% | 6% |
How each member voted (116)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 397 do?
- Violations of Pretrial Release Conditions for Violent Crimes; Provides that person who is on pretrial release for specified violent crime commits separate criminal offense if such person willfully violates certain conditions of pretrial release; provides penalty for second or subsequent violation; requires person who is arrested for committing specified violations to be held in custody until his or her first appearance hearing; requires court to consider certain factors in determining whether to order pretrial detention or grant pretrial release; provides that law enforcement officer is not liable in civil action for arrest of person based on probable cause to believe that person has violated condition of pretrial release in specified circumstances; authorizes law enforcement officer to arrest person without warrant if there is probable cause to believe that person has willfully violated certain conditions of pretrial release.
- Who sponsors HB 397?
- HB 397 is sponsored by Judiciary Committee, Criminal Justice Subcommittee, and Daley, Dan (Democrat).
- What is the current status of HB 397?
- This bill has been sent to the executive. Introduced November 12, 2025. It awaits signature.
- Where can I track HB 397?
- Track HB 397 free on One Click Politics — get push/email alerts when it moves.
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