Effective March 12, 2007, the Florida legislature passed the Anti-Murder Act (AMA) which addressed concerns about the release of violent felony offenders of special concern and high-risk sex offenders accused of committing a violation of probation or community control.
The Florida Department of Corrections attempts to identify those defendants affected by the Florida Anti-Murder Act as Violence Felony Offenders of Special Concern by adding the term “VFO” on their violation of probation or community control affidavit.
That designation triggers a number of procedural requirements imposed by statute that can radically impact the way the case is resolved in court.
If your violation of probation case is impacted by the Florida Anti-Murder Act, then contact a criminal defense attorney at the Sammis Law Firm to discuss the case. We represent clients charged with violating their probation when the underlying case is a designated offense listing in Florida’s Anti-Murder Act.
It is also important to consider the impact the Florida Anti-Murder Act might have on your case before you agree to go on probation for an offense covered by this provision of the law.
Let us put our experience to work for you. Call (813) 250-0500 to discuss the case.
For anyone designated as VFO on the VOP affidavit, if the court finds at the VOP hearing that the defendant poses a danger to the community based on a list of criteria described below, then the court must revoke probation or community control and sentence the defendant up to the legal maximum sentence allowed for the underlying offense.
If after the hearing, the court finds that the defendant does not pose a danger to the community, the court may revoke, modify or continue the probation or community control.
Further, the Florida Anti-Murder Act provides certain requirements on any defendant meets the following criteria:
Under Florida law, a person designated as a Violence Felony Offenders of Special Concern (VFO) includes:
The following defendants who are on felony probation or community control may not be released on bail or any other form of pre-trial release prior to resolution of the violation of probation or community control hearing:
If the Court determines that a Violent Felony Offender of Special Concern (VFO) has committed a violation of probation or violation of community control (other than failure to pay restitution, fines or court costs) then the Court SHALL do all of the following:
The Florida Anti-Murder Act provides that when a violent felony offender of special concern and certain other offenders are arrested for a violation of probation or community control the warrant for violation cannot be dismissed before the violation hearing, and the defendant may not be granted pre-hearing release.
With regards to finding whether the Defendant is a danger to the community under the second part of the Anti-Murder Act, “[t]he statute provides that there are a number of factors the trial court should consider in making the dangerousness determination, and that decision must be based on one or more of them. § 948.06(8)(e)1.a.-e.” Id. at 385-386. § 948.06(8)(e)1.a.-e. states:
e) If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall make written findings as to whether or not the violent felony offender of special concern poses a danger to the community.
In determining the danger to the community posed by the offender’s release, the court shall base its findings on one or more of the following:
The following offenses constitute qualifying offenses under Florida Statutes Section 948.06(8)(c) for purposes of the designation as a violent felony offender of special concern:
Effective on September 1, 2005, the Florida legislature passed the Jessica Lunsford Act which attempts to addresses concerns about the release of high-risk sexual offenders who allegedly violated a condition of probation or community control.
When an individual is on probation or community control for particular sex crime offenses, or when the individual is a registered sex offender or registered sexual predator, and is arrested for violation probation, the court must hold a hearing (commonly called the “Danger Hearing”). and make a finding that the offender is not a danger to the public before releasing him on bail or a bond. The Danger Hearing may not be held sooner than twenty-four (24) hours after arrest and the prosecutor cannot ask for a delay unless making a “good cause” showing.
During the danger hearing, the court must make a finding that the offender is not a danger to the public before releasing him on bail or a bond. The danger hearing may not be held sooner than twenty-four (24) hours after arrest and the prosecutor cannot ask for a delay unless making a “good cause” showing.
The Defendant has the right to be heard in person or through counsel, the right to present evidence, and the right to cross-examine witnesses. Certain factors are listed for the court’s consideration in determining whether the defendant poses a danger to the public.
Contact an attorney at the Sammis Law Firm to discuss how Florida’s anti-murder act provisions impact the prosecution and defense of your case or allegation of violation of probation. We fight serious felony cases involving allegations of the violation of probation. We represent clients in Tampa in Hillsborough County and the surrounding areas including Pinellas County, Pasco County, Hernando County and Polk County, FL.
Additional Resources
Jessica Lunsford Act’s Danger to the Public Hearing – The Jessica Lunsford Act sets out the statutory criteria for identifying which cases are subject to the requirements of a hearing for the “danger to the public” determination. Read more about why the first appearance judge must order every JLA defendant be held without bail pending a properly noticed “danger to the public” hearing as required by Florida Statute Section 948.06(4). The “danger to the public” hearing is scheduled if when the criminal defense attorney files a motion to set bail or other appropriate motion.
This article was last updated on Friday, April 29, 2022.