RULE 3.125. NOTICE TO APPEAR

(a) Definition. Unless indicated otherwise, notice to appear
means a written order issued by a law enforcement officer in lieu of
physical arrest requiring a person accused of violating the law to
appear in a designated court or governmental office at a specified
date and time.

(b) By Arresting Officer. If a person is arrested for an
offense declared to be a misdemeanor of the first or second degree
or a violation, or is arrested for violation of a municipal or county
ordinance triable in the county, and demand to be taken before a
judge is not made, notice to appear may be issued by the arresting
officer unless:

(1) the accused fails or refuses to sufficiently identify
himself or herself or supply the required information;

(2) the accused refuses to sign the notice to appear;

(3) the officer has reason to believe that the continued
liberty of the accused constitutes an unreasonable risk of bodily
injury to the accused or others;

(4) the accused has no ties with the jurisdiction
reasonably sufficient to assure the accused’s appearance or there is
substantial risk that the accused will refuse to respond to the
notice;
(5) the officer has any suspicion that the accused may
be wanted in any jurisdiction; or

(6) it appears that the accused previously has failed to
respond to a notice or a summons or has violated the conditions of
any pretrial release program.

(c) By Booking Officer. If the arresting officer does not
issue notice to appear because of one of the exceptions listed in
subdivision (b) and takes the accused to police headquarters, the
booking officer may issue notice to appear if the officer determines
that there is a likelihood that the accused will appear as directed,
based on a reasonable investigation of the accused’s:

(1) residence and length of residence in the community;

(2) family ties in the community;

(3) employment record;

(4) character and mental condition;

(5) past record of convictions; or

(6) past history of appearance at court proceedings.

(d) How and When Served. If notice to appear is issued, it
shall be prepared in quadruplicate. The officer shall deliver 1 copy
of the notice to appear to the arrested person and the person, to
secure release, shall give a written promise to appear in court by
signing the 3 remaining copies: 1 to be retained by the officer and 2
to be filed with the clerk of the court. These 2 copies shall be sworn
to by the arresting officer before a notary public or a deputy clerk. If
notice to appear is issued under subdivision (b), the notice shall be
issued immediately upon arrest. If notice to appear is issued under
subdivision (c), the notice shall be issued immediately on
completion of the investigation. The arresting officer or other duly
authorized official then shall release from custody the person
arrested.
(e) Copy to the Clerk of the Court. With the sworn notice
to appear, the arresting officer shall file with the clerk a list of
witnesses and their addresses and a list of tangible evidence in the
cause. One copy shall be retained by the officer and 2 copies shall
be filed with the clerk of the court.

(f) Copy to State Attorney. The clerk shall deliver 1 copy of
the notice to appear and schedule of witnesses and evidence filed
therewith to the state attorney.

(g) Contents. If notice to appear is issued, it shall contain
the:

(1) name and address of the accused;

(2) date of offense;

(3) offense(s) charged — by statute and municipal
ordinance if applicable;

(4) counts of each offense;

(5) time and place that the accused is to appear in
court;

(6) name and address of the trial court having
jurisdiction to try the offense(s) charged;

(7) name of the arresting officer;

(8) name(s) of any other person(s) charged at the same
time; and

(9) signature of the accused.

(h) Failure to Appear. If a person signs a written notice to
appear and fails to respond to the notice to appear, a warrant of
arrest shall be issued under rule 3.121.

(i) Traffic Violations Excluded. Nothing contained herein
shall prevent the operation of a traffic violations bureau, the
issuance of citations for traffic violations, or any procedure under
chapter 316, Florida Statutes.

(j) Rules and Regulations. Rules and regulations of
procedure governing the exercise of authority to issue notices to
appear shall be established by the chief judge of the circuit.

(k) Procedure by Court.

(1) When the accused appears before the court under
the requirements of the notice to appear, the court shall advise the
defendant as set forth in rule 3.130(b), and the provisions of that
rule shall apply. The accused at such appearance may elect to
waive the right to counsel and trial and enter a plea of guilty or nolo
contendere by executing the waiver form contained on the notice to
appear, and the court may enter judgment and sentence in the
cause.

(2) In the event the defendant enters a plea of not
guilty, the court may set the cause for jury or nonjury trial on the
notice to appear under the provisions of rules 3.140 and 3.160.
When the court sets a trial date by the court, the clerk shall,
without further praecipe, issue witness subpoenas to the law
enforcement officer who executed the notice to appear and to the
witnesses whose names and addresses appear on the list filed by
the officer, requiring their attendance at trial.

(l) Form of Notice to Appear and Schedule of Witnesses
and Evidence. The notice to appear and schedule of witnesses and
evidence shall be in substantially the following form:

IN THE COUNTY COURT, IN AND FOR
COUNTY, FLORIDA

NOTICE TO APPEAR
Agency Case #

STATE OF FLORIDA, COUNTY OF

In the name of County, Florida: The undersigned
certifies that he or she has just and reasonable grounds to believe,
and does believe, that:

On .....(date)....., at ( )a.m. ( )p.m.


Last Name First M.I. Aliases



Street—City and State Date and Place of Birth



Phone Race/Sex Height Weight Hair Eyes Scars/Marks



Occupation Place of Employment Employment Phone



Complexion Driver’s License # Yr./St. Social Security #


at (location)


in County, Florida, committed the following offense(s):

(1) (2)
in violation of section(s): : ( ) State Statute

( ) Municipal Ord.
DID (Narrative):




. . .
Name of Officer ID Agency

[ ] Mandatory appearance in court,
Location

on .....(date)....., at ______ ( )a.m. ( )p.m.

[ ] You need not appear in court, but must comply with
instructions on back.


CO-DEFENDANTS:

[ ] Cited
1. [ ] Jailed
Name DOB Address


[ ] Cited
2. [ ] Jailed
Name DOB Address

If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact [identify applicable court personnel
by name, address, and telephone number] at least 7 days before
your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice
impaired, call 711.

I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED
ABOVE TO ANSWER THE OFFENSE CHARGED OR TO PAY THE
FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY
FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS
NOTICE TO APPEAR, I MAY BE HELD IN CONTEMPT OF COURT
AND A WARRANT FOR MY ARREST SHALL BE ISSUED.


Signature of Defendant

I swear the above and reverse and attached statements are
true and correct to the best of my knowledge and belief.



Complainant


Agency or Department

Sworn to and subscribed before me on .....(date)......


Notary Public, State of Florida

[Editor’s Note: Jurat should include identification information required
by F.S. 117.05(13).]

WAIVER INFORMATION

If you desire to plead guilty or nolo contendere (no contest)
and you need not appear in court as indicated on the face of this
notice, you may present this notice at the county court named on
the reverse of this page.

From .....(date)....., to .....(date).....,
Hour Hour

and pay a fine of dollars in cash, money order, or
certified check.

The waiver below must be completed and attached. Read
carefully.

Your failure to answer this summons in the manner
subscribed will result in a warrant being issued on a separate and
additional charge.

“In consideration of my not appearing in court, I the
undersigned, do hereby enter my appearance on the affidavit for the
offense charged on the other side of this notice and waive the
reading of the affidavit in the above named cause and the right to
be present at the trial of said action. I hereby enter my plea of
Guilty [ ] or Nolo Contendere [ ], and waive my right to prosecute
appeal or error proceedings.

“I understand the nature of the charge against me; I
understand my right to have counsel and waive this right and the
right to a continuance. I waive my right to trial before a judge or
jury. I plead Guilty [ ] or Nolo Contendere [ ] to the charge, being
fully aware that my signature to this plea will have the same effect
as a judgment of this court.”

Total Fine and Cost

Defendant Signature

Address




IN THE COUNTY COURT, IN AND FOR
COUNTY, FLORIDA

SCHEDULE OF WITNESSES AND
EVIDENCE FOR NOTICE TO APPEAR


Agency Case #



Last Name First M.I. Aliases



Address

.....(date of notice to appear)..... Offense(s): (1)

(2)

TANGIBLE EVIDENCE: (If none, write “None”)

Item:
Obtained from (person and/or place):
first received by:
given to:


WITNESSES: (If none, write “None”)

#1 Name:
Res. Tel. No. Address:
Bus. Tel. No. Business:
Testimony:
#2 Name:
Res. Tel. No. Address:
Bus. Tel. No. Business:
Testimony:



#3 Name:
Res. Tel. No. Address:
Bus. Tel. No. Business:
Testimony:


I certify that the foregoing is a complete list of witnesses and
evidence known to me.


Investigating Officer


Agency

Committee Notes

1992 Amendment. The amendment deletes subdivision (k)
and reletters subdivisions (l) and (m). The elimination of subdivision
(k) will entitle individuals charged with criminal violations to the
same discovery, without regard to the nature of the charging
instrument. As amended, persons charged by way of a notice to
appear can obtain the same discovery as persons charged by way of
either an information or an indictment. In this regard the committee
also has proposed amendments to rule 3.220(b)(1), (b)(2), (c)(1), and
(h)(1) to change the reference from “indictment or information” to
“charging document.”