Florida Anti-Murder Act & Violent Felony Offenders of Special Concern
The Florida anti-murder act (AMA) limits a judge’s authority to grant bond in felony violation of probation and community control cases for Defendants designated as Violent Felony Offenders of Special Concern (VFO). The Florida Department of Corrections attempts to identify these probationers by marking either “VFO” or “Violent Felony Offender of Special Concern” on the first page of the violation of probation or community control affidavit.
“No Bond” for Violent Felony Offenders of Special Concern
A Violent Felony Offender of Special Concern is not allowed to be released on bond unless the alleged probation violation is solely for failure to pay a fine, court costs, costs of supervision or restitution. Any other technical or new law violation requires the probationer to remain in jail until their violation of probation case is resolved as he or she is not entitled to a bond as a matter of law.
Who is Designated a VFOSC?
A Defendant can be designated as a Violent Felony Offender of Special Concern for several different reasons. The most common reason for VFO status is because the Defendant is on probation or community control for a qualifying offense (listed below), they are arrested for a qualifying offense or they have been previously convicted for a qualifying offense. Defendants previously designated as a sexual predator, habitual violence felony offender or three-time violent felony offender also qualify for VFOSC status.
Definition of Violent Felony Offender of Special Concern
The term “violent felony offender of special concern” means a person who is on:
- Felony probation or community control related to the commission of a qualifying offense
- Felony probation or community control for any offense and has previously been convicted of a qualifying offense;
- Felony probation or community control for any offense and is found to have violated that probation or community control by committing a qualifying offense;
- Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense;
- Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense
- Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act.
Qualifying Offenses under the Florida Anti-Murder Act
A qualifying offense for purposes of the Anti-Murder Act is a previous conviction or current criminal charges relating to any of the following criminal offenses:
- Kidnapping or attempted kidnapping under s. 787.01
- False imprisonment of a child under the age of 13 under s. 787.02 (3)
- Luring or enticing a child under s. 787.025 (2)(b) or (c)
- Murder or attempted murder under s. 782.04
- Attempted felony murder under s. 782.051
- Manslaughter under s.782.07
- Aggravated battery or attempted aggravated battery under s. 784.045
- Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c)
- Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4)
- Lewd or lascivious molestation under s. 800.04 (5)(b) or (c)2
- Lewd or lascivious conduct under s. 800.04 (6)(b)
- Lewd or lascivious exhibition under s. 800.04 (7)(b)
- Lewd or lascivious exhibition on computer under s. 847.0135 (5)(b)
- Robbery or attempted robbery under s. 812.13
- Carjacking or attempted carjacking under s. 812.133
- Home invasion robbery or attempted home invasion robbery under s. 812.135
- Lewd or lascivious offense in the presence of an elderly person under s. 825.1025
- Sexual performance by a child under s. 827.071
- Computer pornography under s. 847.0135(2) or (3)
- Transmission of child pornography under s. 847.0137
- Selling or buying of minors under s. 847.0145
- Poisoning food or water under s. 859.01
- Abuse of a dead human body under s. 872.06
- Any 1st or 2nd degree felony burglary offense under s. 810.02 (2) or (3)
- Arson or attempted arson under s. 806.01 (1)
- Aggravated assault under s. 784.021
- Aggravated stalking under s. 784.048 (3), (4), (5), or (7)
- Aircraft piracy under s. 860.16
- Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161 (2-4)
- Treason under s. 876.32
Anti-Murder case Law
Mobley v. State, 1D19-1594 (Fla. 1st DCA 2020) Court must make a written findings that a violent felony offender of special concern poses a danger to the community.
I Defend all Anti-Murder Act Probation Cases
If a loved one is being held on the Florida anti-murder act, call my Winter Park criminal defense law firm at 407-740-7275 to speak directly with an experienced violation of probation lawyer. I offer a free consultation so that I can determine how I can help.
Florida Anti-Murder Act & Violent Felony Offenders of Special Concern
The Florida anti-murder act (AMA) limits a judge’s authority to grant bond in felony violation of probation and community control cases for Defendants designated as Violent Felony Offenders of Special Concern (VFO). The Florida Department of Corrections attempts to identify these probationers by marking either “VFO” or “Violent Felony Offender of Special Concern” on the first page of the violation of probation or community control affidavit.
“No Bond” for Violent Felony Offenders of Special Concern
A Violent Felony Offender of Special Concern is not allowed to be released on bond unless the alleged probation violation is solely for failure to pay a fine, court costs, costs of supervision or restitution. Any other technical or new law violation requires the probationer to remain in jail until their violation of probation case is resolved as he or she is not entitled to a bond as a matter of law.
Who is Designated a VFOSC?
A Defendant can be designated as a Violent Felony Offender of Special Concern for several different reasons. The most common reason for VFO status is because the Defendant is on probation or community control for a qualifying offense (listed below), they are arrested for a qualifying offense or they have been previously convicted for a qualifying offense. Defendants previously designated as a sexual predator, habitual violence felony offender or three-time violent felony offender also qualify for VFOSC status.
Definition of Violent Felony Offender of Special Concern
The term “violent felony offender of special concern” means a person who is on:
- Felony probation or community control related to the commission of a qualifying offense
- Felony probation or community control for any offense and has previously been convicted of a qualifying offense;
- Felony probation or community control for any offense and is found to have violated that probation or community control by committing a qualifying offense;
- Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense;
- Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense
- Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act.
Qualifying Offenses under the Florida Anti-Murder Act
A qualifying offense for purposes of the Anti-Murder Act is a previous conviction or current criminal charges relating to any of the following criminal offenses:
- Kidnapping or attempted kidnapping under s. 787.01
- False imprisonment of a child under the age of 13 under s. 787.02 (3)
- Luring or enticing a child under s. 787.025 (2)(b) or (c)
- Murder or attempted murder under s. 782.04
- Attempted felony murder under s. 782.051
- Manslaughter under s.782.07
- Aggravated battery or attempted aggravated battery under s. 784.045
- Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c)
- Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4)
- Lewd or lascivious molestation under s. 800.04 (5)(b) or (c)2
- Lewd or lascivious conduct under s. 800.04 (6)(b)
- Lewd or lascivious exhibition under s. 800.04 (7)(b)
- Lewd or lascivious exhibition on computer under s. 847.0135 (5)(b)
- Robbery or attempted robbery under s. 812.13
- Carjacking or attempted carjacking under s. 812.133
- Home invasion robbery or attempted home invasion robbery under s. 812.135
- Lewd or lascivious offense in the presence of an elderly person under s. 825.1025
- Sexual performance by a child under s. 827.071
- Computer pornography under s. 847.0135(2) or (3)
- Transmission of child pornography under s. 847.0137
- Selling or buying of minors under s. 847.0145
- Poisoning food or water under s. 859.01
- Abuse of a dead human body under s. 872.06
- Any 1st or 2nd degree felony burglary offense under s. 810.02 (2) or (3)
- Arson or attempted arson under s. 806.01 (1)
- Aggravated assault under s. 784.021
- Aggravated stalking under s. 784.048 (3), (4), (5), or (7)
- Aircraft piracy under s. 860.16
- Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161 (2-4)
- Treason under s. 876.32
Anti-Murder case Law
Mobley v. State, 1D19-1594 (Fla. 1st DCA 2020) Court must make a written findings that a violent felony offender of special concern poses a danger to the community.
I Defend all Anti-Murder Act Probation Cases
If a loved one is being held on the Florida anti-murder act, call my Winter Park criminal defense law firm at 407-740-7275 to speak directly with an experienced violation of probation lawyer. I offer a free consultation so that I can determine how I can help.
