final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No.
Rosenfeld of the Law Offices of Greg Rosenfeld, P.A., West
Palm Beach for appellant.
appearance required for appellee.
Fleury, a criminal defendant charged with drug trafficking
offenses, petitions for a writ of habeas corpus challenging a
pretrial release condition requiring him to show that the
source of funds used to post bond is not derived from illegal
activity ("the bond source condition"). We deny the
petition and certify conflict with Sparrow v. State,
240 So.3d 841 (Fla. 5th DCA 2018), and Casiano v.
State, 241 So.3d 219 (Fla. 2d DCA 2018), notice
invoking discretionary review filed, No. SC18-642 (Fla.
April 26, 2018), to the extent they hold that a bond
condition like the one imposed in this case is not authorized
by Florida law.
to the probable cause affidavit, police executed a search
warrant at a residence that Defendant shared with his brother
and discovered trafficking quantities of drugs, more than
$14, 000 in cash, and several handguns. Defendant is charged
with: (1) trafficking in heroin; (2) trafficking in fentanyl;
(3) trafficking in cocaine; (4) possession of marijuana with
intent to sell; and (5) felon in possession of a firearm or
first appearance in late March 2018, the court set a total
bond of $500, 000. In May 2018, Defendant moved to modify
conditions of pretrial release asking the court to reduce the
amount of bond.
hearing on the motion, the court agreed to reduce the bond.
As the court was preparing to announce the modified bond
conditions, the State asked the court to require Defendant to
show that the source of funds used to post bond was not
derived from illegal activity. The court stated, "I thought
you would, I was going to address that in a moment."
hearing argument from defense counsel, who contended that the
money would come from family members, the court agreed that
the requirement was appropriate. The judge indicated that, if
the money was coming from family, "that's fine"
and suggested Defendant's family could submit an
affidavit to satisfy the requirement. The court reduced the
amount of bond to a total of $138, 000 and entered an order
requiring Defendant to demonstrate that the funds were from a
"legitimate source." Defense counsel later lodged
an objection referencing unspecified "conflict" in
petition follows. Defendant argues: (1) the court erred in
granting the State's oral motion to impose the bond
source condition where the State had not filed a written
motion to modify bond conditions under Florida Rule of
Criminal Procedure 3.131(d)(2); and (2) detention based on
the bond source condition is not authorized by Florida law.
Nothing in the record indicates that Defendant has tried to
post the bond or satisfy the bond source condition.
fails to show any error in the trial court imposing the bond
source condition. Defendant filed a motion to modify bond and
had constructive notice that the court would consider all the
statutory pretrial release factors if his motion was granted.
See § 903.046(2), Fla. Stat. (2018) (setting
out factors that the court shall consider when determining
pretrial release conditions).
903.046(2)(f) requires a court setting pretrial release
conditions to consider:
The source of funds used to post bail or procure an
appearance bond, particularly whether the proffered funds,
real property, property, or any proposed collateral or bond
premium may be linked to or derived from the crime alleged to
have been committed or from any other criminal or illicit
activities. The burden of establishing the noninvolvement in
or nonderivation from criminal or other illicit activity of
such proffered funds, real property, property, or any