RULE 3.131. PRETRIAL RELEASE

(a) Right to Pretrial Release. Unless charged with a capital
offense or an offense punishable by life imprisonment and the proof
of guilt is evident or the presumption is great, every person charged
with a crime or violation of municipal or county ordinance shall be
entitled to pretrial release on reasonable conditions. As a condition
of pretrial release, whether such release is by surety bail bond or
recognizance bond or in some other form, the defendant shall
refrain from any contact of any type with the victim, except through
pretrial discovery pursuant to the Florida Rules of Criminal
Procedure and shall comply with all conditions of pretrial release as
ordered by the court. Upon motion by the defendant when bail is
set, or upon later motion properly noticed pursuant to law, the
court may modify the condition precluding victim contact if good
cause is shown and the interests of justice so require. The victim
shall be permitted to be heard at any proceeding in which such
modification is considered, and the state attorney shall notify the
victim of the provisions of this subdivision and of the pendency of
any such proceeding. If no conditions of release can reasonably
protect the community from risk of physical harm to persons,
assure the presence of the accused at trial, or assure the integrity of
the judicial process, the accused may be detained.

(b) Hearing at First Appearance—Conditions of Release.

(1) Unless the state has filed a motion for pretrial
detention pursuant to rule 3.132, the court shall conduct a hearing
to determine pretrial release. For the purpose of this rule, bail is
defined as any of the forms of release stated below. Except as
otherwise provided by this rule, there is a presumption in favor of
release on nonmonetary conditions for any person who is granted
pretrial release. The judicial officer shall impose the first of the
following conditions of release that will reasonably protect the
community from risk of physical harm to persons, assure the
presence of the accused at trial, or assure the integrity of the
judicial process; or, if no single condition gives that assurance,
shall impose any combination of the following conditions:
(A) personal recognizance of the defendant;

(B) execution of an unsecured appearance bond in
an amount specified by the judge;

(C) placement of restrictions on the travel,
association, or place of abode of the defendant during the period of
release;

(D) placement of the defendant in the custody of a
designated person or organization agreeing to supervise the
defendant;

(E) execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof; provided, however,
that any criminal defendant who is required to meet monetary bail
or bail with any monetary component may satisfy the bail by
providing an appearance bond; or

(F) any other condition deemed reasonably
necessary to assure appearance as required, including a condition
requiring that the person return to custody after specified hours.

(2) The judge shall at the defendant’s first appearance
consider all available relevant factors to determine what form of
release is necessary to assure the defendant’s appearance. If a
monetary bail is required, the judge shall determine the amount.
Any judge setting or granting monetary bond shall set a separate
and specific bail amount for each charge or offense. When bail is
posted each charge or offense requires a separate bond.

(3) In determining whether to release a defendant on
bail or other conditions, and what that bail or those conditions may
be, the court may consider the nature and circumstances of the
offense charged and the penalty provided by law; the weight of the
evidence against the defendant; the defendant’s family ties, length
of residence in the community, employment history, financial
resources, need for substance abuse evaluation and/or treatment,
and mental condition; the defendant’s past and present conduct,
including any record of convictions, previous flight to avoid
prosecution, or failure to appear at court proceedings; the nature
and probability of danger that the defendant’s release poses to the
community; the source of funds used to post bail; whether the
defendant is already on release pending resolution of another
criminal proceeding or is on probation, community control, parole,
or other release pending completion of sentence; and any other
facts the court considers relevant.

(4) No person charged with a dangerous crime, as
defined in section 907.041(4)(a), Florida Statutes, shall be released
on nonmonetary conditions under the supervision of a pretrial
release service, unless the service certifies to the court that it has
investigated or otherwise verified the conditions set forth in section
907.041(3)(b), Florida Statutes.

(5) All information provided by a defendant in
connection with any application for or attempt to secure bail, to any
court, court personnel, or individual soliciting or recording such
information for the purpose of evaluating eligibility for or securing
bail for the defendant, under circumstances such that the
defendant knew or should have known that the information was to
be used in connection with an application for bail, shall be
accurate, truthful, and complete, without omissions, to the best
knowledge of the defendant. Failure to comply with the provisions of
this subdivision may result in the revocation or modification of bail.
However, no defendant shall be compelled to provide information
regarding his or her criminal record.

(6) Information stated in, or offered in connection with,
any order entered pursuant to this rule need not strictly conform to
the rules of evidence.

(c) Consequences of Failure to Appear.

(1) Any defendant who willfully and knowingly fails to
appear and breaches a bond as specified in section 903.26, Florida
Statutes, and who voluntarily appears or surrenders shall not be
eligible for a recognizance bond.
(2) Any defendant who willfully and knowingly fails to
appear and breaches a bond as specified in section 903.26, Florida
Statutes, and who is arrested at any time following forfeiture shall
not be eligible for a recognizance bond or any form of bond that
does not require a monetary undertaking or commitment equal to
or greater than $2,000 or twice the value of the monetary
commitment or undertaking of the original bond, whichever is
greater.

(d) Subsequent Application for Setting or Modification of
Bail.

(1) When a judicial officer not possessing trial
jurisdiction orders a defendant held to answer before a court having
jurisdiction to try the defendant, and bail has been denied or
sought to be modified, application by motion may be made to the
court having jurisdiction to try the defendant or, in the absence of
the judge of the trial court, to the circuit court. The motion shall be
determined promptly. No judge of a court of equal or inferior
jurisdiction may remove a condition of bail or reduce the amount of
bond required, unless the judge:

(A) imposed the conditions of bail or set the
amount of bond required;

(B) is the chief judge of the circuit in which the
defendant is to be tried;

(C) has been assigned to preside over the criminal
trial of the defendant; or

(D) is the first appearance judge and was
authorized by the judge initially setting or denying bail to modify or
set conditions of release.

(2) Applications by the defendant for modification of
bail on any felony charge must be heard by a court in person at a
hearing, with the defendant present and with at least 3 hours’
notice to the state attorney and county attorney, if bond forfeiture
proceedings are handled by the county attorney. The state may
apply for modification of bail by showing good cause and with at
least 3 hours’ notice to the attorney for the defendant.

(3) If any trial court fixes bail and refuses its reduction
before trial, the defendant may institute habeas corpus proceedings
seeking reduction of bail. If application is made to the supreme
court or district court of appeal, notice and a copy of such
application shall be given to the attorney general and the state
attorney. Such proceedings shall be determined promptly.

(e) Bail Before Conviction; Condition of Undertaking.

(1) If a person is admitted to bail for appearance for a
preliminary hearing or on a charge that a judge is empowered to
try, the condition of the undertaking shall be that the person will
appear for the hearing or to answer the charge and will submit to
the orders and process of the judge trying the same and will not
depart without leave.

(2) If a person is admitted to bail after being held to
answer by a judge or after an indictment or information on which
the person is to be tried has been filed, the condition of the
undertaking shall be that the person will appear to answer the
charges before the court in which he or she may be prosecuted and
submit to the orders and process of the court and will not depart
without leave.

(f) Revocation of Pretrial Release.

(1) Any judge presiding at a first appearance hearing
may revoke a defendant’s pretrial release status pursuant to s.
903.0471 on a case not assigned to the first appearance judge but
that is pending in the same judicial circuit as the first appearance
hearing.

(2) The court in its discretion for good cause, any time
after a defendant who is at large on bail appears for trial, may
commit the defendant to the custody of the proper official to abide
by the judgment, sentence, and any further order of the court.
(g) Arrest and Commitment by Court. The court in which
the cause is pending may direct the arrest and commitment of the
defendant who is at large on bail when:

(1) there has been a breach of the undertaking;

(2) it appears that the defendant’s sureties or any of
them are dead or cannot be found or are insufficient or have ceased
to be residents of the state; or

(3) the court is satisfied that the bail should be
increased or new or additional security required.

The order for the commitment of the defendant shall recite generally
the facts on which it is based and shall direct that the defendant be
arrested by any official authorized to make arrests and that the
defendant be committed to the official in whose custody he or she
would be if he or she had not been given bail, to be detained by
such official until legally discharged. The defendant shall be
arrested pursuant to such order on a certified copy thereof, in any
county, in the same manner as on a warrant of arrest. If the order
provided for is made because of the failure of the defendant to
appear for judgment, the defendant shall be committed. If the order
is made for any other cause, the court may determine the
conditions of release, if any.

(h) Bail after Recommitment. If the defendant applies to be
admitted to bail after recommitment, the court that recommitted
the defendant or the court under (d)(1) shall determine conditions of
release, if any, subject to the limitations of subdivision (b).

(i) Qualifications of Surety after Order of
Recommitment. If the defendant offers bail after recommitment,
each surety shall possess the qualifications and sufficiency and the
bail shall be furnished in all respects in the manner prescribed for
admission to bail before recommitment.

(j) Issuance of Capias; Bail Specified. On the filing of
either an indictment or information charging the commission of a
crime, if the person named therein is not in custody or at large on
bail for the offense charged, the judge shall issue or shall direct the
clerk to issue, either immediately or when so directed by the
prosecuting attorney, a capias for the arrest of the person. If the
person named in the indictment or information is a child and the
child has been served with a promise to appear under the Florida
Rules of Juvenile Procedure, capias need not be issued. Upon the
filing of the indictment or information, the judge shall endorse the
amount of bail, if any, and may authorize the setting or
modification of bail by the judge presiding over the defendant’s first
appearance hearing. This endorsement shall be made on the capias
and signed by the judge.

(k) Summons on Misdemeanor Charge. When a complaint
is filed charging the commission of a misdemeanor only and the
judge deems that process should issue as a result, or when an
indictment or information on which the defendant is to be tried
charging the commission of a misdemeanor only, and the person
named in it is not in custody or at large on bail for the offense
charged, the judge shall direct the clerk to issue a summons
instead of a capias unless the judge has reasonable ground to
believe that the person will not appear in response to a summons,
in which event an arrest warrant or a capias shall be issued with
the amount of bail endorsed on it. The summons shall state
substantially the nature of the offense, the title of the hearing to be
conducted, and shall command the person against whom the
complaint was made to appear before the judge issuing the
summons or the judge having jurisdiction of the offense at a time
and place stated in it.

(l) Summons When Defendant Is Corporation. On the
filing of an indictment or information or complaint charging a
corporation with the commission of a crime, whether felony or
misdemeanor, the judge shall direct the clerk to issue or shall issue
a summons to secure its appearance to answer the charge. If, after
being summoned, the corporation does not appear, a plea of not
guilty shall be entered and trial and judgment shall follow without
further process.

Committee Notes
1968 Adoption. (a) Same as section 903.01, Florida Statutes.

(b) Same as section 903.04, Florida Statutes.

(c) Same as section 903.02, Florida Statutes.

(d) Same as section 903.12, Florida Statutes.

(e) Substantially same as section 903.13, Florida Statutes.

(f) Same as section 903.19, Florida Statutes.

(g) Same as section 918.01, Florida Statutes.

(h) Substantially same as section 903.23, Florida Statutes.

(i) Same as section 903.24, Florida Statutes.

(j) Same as section 903.25, Florida Statutes.

(k) and (l) Formerly rule 3.150(c). These proposals contain the
essentials of present sections 907.01, 907.02, and 901.09(3),
Florida Statutes, a change of some of the terminology being
warranted for purpose of clarity.

(m) Formerly rule 3.150(c). This proposal contains all of the
essentials of section 907.03, Florida Statutes, and that part of
section 901.14, Florida Statutes, pertaining to postindictment or
postinformation procedure. A charge by affidavit is provided.
Although subdivision (g) is the same as section 918.01, Florida
Statutes, its constitutionality was questioned by the subcommittee,
constitutional right to bail and presumption of innocence.

1972 Amendment. Same as prior rule except (b), which is
new. (k), (l), and (m) are taken from prior rule 3.150.

1977 Amendment. This proposal amends subdivision (b)(4) of
the present rule [formerly rule 3.130(b)(4)] to expand the forms of
pretrial release available to the judge. The options are the same as
those available under the federal rules without the presumption in
favor of release on personal recognizance or unsecured appearance.
This proposal leaves it to the sound discretion of the judge to
determine the least onerous form of release which will still insure
the defendant’s appearance.

It also sets forth the specific factors the judge should take into
account in making this determination.

1983 Amendment. Rule 3.131(d) is intended to replace
former rule 3.130(f) and therefore contemplates all subsequent
modifications of bail including all increases or reductions of
monetary bail or any other changes sought by the state or by the
defendant.

Court Comment

1977 Amendment. Subdivision (a) was repealed by Chapter
76-138, §2, Laws of Florida, insofar as it was inconsistent with the
provision of that statute. Subdivision (a) has been amended so as to
comply with the legislative act.