Florida Rule of Criminal Procedure 3.132
RULE 3.132. PRETRIAL DETENTION
(a) First Appearance Required for Dangerous Crimes. A
person arrested for a dangerous crime listed in section 907.041,
Florida Statutes, must not be released from jail before his or her
first appearance.
(b) Contents of Motion. A motion for pretrial detention
must be in writing and must set forth with particularity the
grounds and the essential facts on which it is based.
(c) Time for Motion. A motion for pretrial detention may be
filed any time before trial.
(d) Time for Hearing. If a judge determines there is probable
cause to believe the defendant committed a capital felony, a life
felony, or a first degree felony, listed as a dangerous crime in section
907.041, Florida Statutes, a pretrial detention hearing must be held
within 5 days after first appearance, or, if there is no first
appearance, within 5 days after arraignment. Otherwise, the
hearing must be held within 5 days after the filing of a motion for
pretrial detention.
(e) Continuances. Either the state or the defendant may
seek a continuance. The state must show good cause for a
continuance. A continuance may not exceed 5 days unless the court
finds that extenuating circumstances justify any further delay, or
upon agreement of the parties with approval of the court. The state
may not be granted more than one continuance.
(f) Custody; Release Conditions.
(1) Dangerous Crime. At first appearance, a judge must
not grant nonmonetary pretrial release if there is probable cause to
believe the defendant committed a dangerous crime listed in section
907.041, Florida Statutes. After first appearance and after a finding
of probable cause, a person arrested for a dangerous crime listed in
section 907.041, Florida Statutes, may not 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.
(2) Unauthorized Aliens. If, at the first appearance
hearing, the court determines there is probable cause to believe the
defendant committed a forcible felony and further determines by a
preponderance of the evidence that the defendant is an
unauthorized alien, the court must presume that the defendant
presents a substantial flight risk and that no conditions of release
will ensure his or her appearance at trial and must order pretrial
detention. The defendant may rebut the presumption by
demonstrating, by a preponderance of the evidence, that
appropriate conditions of release will ensure his or her appearance
at trial. If the court determines the defendant has rebutted the
presumption, it must consider the criteria in section 903.046,
Florida Statutes, and any other relevant facts, to determine whether
to release the defendant on bail or other conditions.
(3) Pretrial Detention Motion Filed at First Appearance.
The defendant may be held in custody pending the completion of a
detention hearing if there is probable cause for the arrest and if the
state filed a motion for pretrial detention at first appearance.
(4) State Announces at First Appearance its Intent to
Move for Pretrial Detention. If there is probable cause for the arrest,
a defendant may be held in jail for up to 4 days if the state informs
the judge at first appearance that it intends to file a motion for
pretrial detention under section 907.041, Florida Statutes. If the
state does not file a motion for pretrial detention within the 4 days,
a judge must determine conditions of release or continued detention
under rule 3.131.
(5) State Does Not Announce Intent to Move for Pretrial
Detention at First Appearance. If there is probable cause for the
arrest and if the state does not inform the judge at first appearance
that it intends to file a motion for pretrial detention under section
907.041, Florida Statutes, the judge must determine conditions of
release or continued detention under rule 3.131.
(6) Pretrial Detention Motion Filed After First
Appearance. If the state filed a motion for pretrial detention after
first appearance and if there is probable cause to believe the
defendant committed the crime for which pretrial detention is
sought, the defendant may be held in custody pending the
completion of the detention hearing, or the judge may issue either
an order to appear or a warrant. The defendant may be held in
custody pending the completion of the detention hearing if he or she
were arrested on a warrant issued under this subdivision. For a
defendant out of custody, if the state is pursuing pretrial detention
under section 907.041, Florida Statutes, the state does not need to
show good cause as required by rule 3.131(d).
(7) Bail Pending Hearing. If a defendant is released on
bail for a dangerous crime that is a capital felony, a life felony, or a
first degree felony pending the completion of a detention hearing,
the court must inform the defendant that if a surety bond is used to
satisfy the monetary component of pretrial release and the motion
for pretrial detention is subsequently granted, the defendant will
not be entitled to return of the premium on the surety bond.
(g) Jurisdiction. A motion for pretrial detention must be
heard by a judge with jurisdiction to conduct the defendant’s trial.
(h) Rights at Hearing. The defendant is entitled to
representation by counsel, to present witnesses and evidence, and
to cross-examine witnesses who testify at the detention hearing. No
testimony by the defendant is admissible to prove guilt at any other
judicial proceeding, but such testimony may be admitted in an
action for perjury, based upon the defendant’s statements made at
the detention hearing, or for impeachment.
(i) Evidence. Evidence secured in violation of the United
States Constitution or the Constitution of the State of Florida is
inadmissible. The rules concerning admissibility of evidence in
criminal trials do not apply to the presentation and consideration of
information at the hearing.
(j) Communication Technology. A judge may allow
testimony using communication technology upon a showing of good
cause. Oaths must be administered in accordance with Florida Rule
of General Practice and Administration 2.530.
(k) Burden of Proof. The state bears the burden of proving
the need for pretrial detention under the substantial probability
standard in section 907.041, Florida Statutes.
(l) Order.
(1) Hearing Required. An order granting or denying
pretrial detention must be issued after a hearing.
(2) Findings. The order may be based solely on hearsay
but must be based solely upon evidence introduced at the hearing
and must be supported by findings of fact and conclusions of law.
The order must be made either in writing or orally on the record
within 24 hours of the conclusion of the hearing.
(3) Mandatory Detention Order. The judge must order
pretrial detention if the judge finds a substantial probability the
defendant committed a capital felony, a life felony, or a first degree
felony, listed as a dangerous crime in section 907.041, Florida
Statutes, and based on the defendant’s past and present patterns of
behavior, consideration of the criteria in section 903.046, Florida
Statutes, and any other relevant facts, that no conditions of release
or bail will reasonably protect the community from risk of physical
harm, ensure the presence of the defendant at trial, or assure the
integrity of the judicial process.
(m) Reconsideration. Either party may move for the order
granting or denying pretrial detention to be reconsidered any time
before trial if the judge finds that information exists that was not
known to the party moving for reconsideration at the time of the
hearing and that such information has a material bearing on
determining whether there are conditions of release or bail that will
reasonably assure the appearance of the defendant as required and
the safety of any other person and the community from harm. The
defendant is entitled to dissolution of a pretrial detention order if
the court finds that a subsequent event eliminated the basis for
detention.
Criminal Court Steering Committee Note
2025 Amendment. Rule 3.132 was substantially revised to reflect
chapters 2023-27 and 2024-157, Laws of Florida. Rule 3.132
applies to pretrial detention under section 907.041, Florida
Statutes. An example of an extenuating circumstance under rule
3.132(e) is the pretrial confinement of the defendant on other
pending charges, or his or her lawful confinement on another
basis.
(a) First Appearance Required for Dangerous Crimes. A
person arrested for a dangerous crime listed in section 907.041,
Florida Statutes, must not be released from jail before his or her
first appearance.
(b) Contents of Motion. A motion for pretrial detention
must be in writing and must set forth with particularity the
grounds and the essential facts on which it is based.
(c) Time for Motion. A motion for pretrial detention may be
filed any time before trial.
(d) Time for Hearing. If a judge determines there is probable
cause to believe the defendant committed a capital felony, a life
felony, or a first degree felony, listed as a dangerous crime in section
907.041, Florida Statutes, a pretrial detention hearing must be held
within 5 days after first appearance, or, if there is no first
appearance, within 5 days after arraignment. Otherwise, the
hearing must be held within 5 days after the filing of a motion for
pretrial detention.
(e) Continuances. Either the state or the defendant may
seek a continuance. The state must show good cause for a
continuance. A continuance may not exceed 5 days unless the court
finds that extenuating circumstances justify any further delay, or
upon agreement of the parties with approval of the court. The state
may not be granted more than one continuance.
(f) Custody; Release Conditions.
(1) Dangerous Crime. At first appearance, a judge must
not grant nonmonetary pretrial release if there is probable cause to
believe the defendant committed a dangerous crime listed in section
907.041, Florida Statutes. After first appearance and after a finding
of probable cause, a person arrested for a dangerous crime listed in
section 907.041, Florida Statutes, may not 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.
(2) Unauthorized Aliens. If, at the first appearance
hearing, the court determines there is probable cause to believe the
defendant committed a forcible felony and further determines by a
preponderance of the evidence that the defendant is an
unauthorized alien, the court must presume that the defendant
presents a substantial flight risk and that no conditions of release
will ensure his or her appearance at trial and must order pretrial
detention. The defendant may rebut the presumption by
demonstrating, by a preponderance of the evidence, that
appropriate conditions of release will ensure his or her appearance
at trial. If the court determines the defendant has rebutted the
presumption, it must consider the criteria in section 903.046,
Florida Statutes, and any other relevant facts, to determine whether
to release the defendant on bail or other conditions.
(3) Pretrial Detention Motion Filed at First Appearance.
The defendant may be held in custody pending the completion of a
detention hearing if there is probable cause for the arrest and if the
state filed a motion for pretrial detention at first appearance.
(4) State Announces at First Appearance its Intent to
Move for Pretrial Detention. If there is probable cause for the arrest,
a defendant may be held in jail for up to 4 days if the state informs
the judge at first appearance that it intends to file a motion for
pretrial detention under section 907.041, Florida Statutes. If the
state does not file a motion for pretrial detention within the 4 days,
a judge must determine conditions of release or continued detention
under rule 3.131.
(5) State Does Not Announce Intent to Move for Pretrial
Detention at First Appearance. If there is probable cause for the
arrest and if the state does not inform the judge at first appearance
that it intends to file a motion for pretrial detention under section
907.041, Florida Statutes, the judge must determine conditions of
release or continued detention under rule 3.131.
(6) Pretrial Detention Motion Filed After First
Appearance. If the state filed a motion for pretrial detention after
first appearance and if there is probable cause to believe the
defendant committed the crime for which pretrial detention is
sought, the defendant may be held in custody pending the
completion of the detention hearing, or the judge may issue either
an order to appear or a warrant. The defendant may be held in
custody pending the completion of the detention hearing if he or she
were arrested on a warrant issued under this subdivision. For a
defendant out of custody, if the state is pursuing pretrial detention
under section 907.041, Florida Statutes, the state does not need to
show good cause as required by rule 3.131(d).
(7) Bail Pending Hearing. If a defendant is released on
bail for a dangerous crime that is a capital felony, a life felony, or a
first degree felony pending the completion of a detention hearing,
the court must inform the defendant that if a surety bond is used to
satisfy the monetary component of pretrial release and the motion
for pretrial detention is subsequently granted, the defendant will
not be entitled to return of the premium on the surety bond.
(g) Jurisdiction. A motion for pretrial detention must be
heard by a judge with jurisdiction to conduct the defendant’s trial.
(h) Rights at Hearing. The defendant is entitled to
representation by counsel, to present witnesses and evidence, and
to cross-examine witnesses who testify at the detention hearing. No
testimony by the defendant is admissible to prove guilt at any other
judicial proceeding, but such testimony may be admitted in an
action for perjury, based upon the defendant’s statements made at
the detention hearing, or for impeachment.
(i) Evidence. Evidence secured in violation of the United
States Constitution or the Constitution of the State of Florida is
inadmissible. The rules concerning admissibility of evidence in
criminal trials do not apply to the presentation and consideration of
information at the hearing.
(j) Communication Technology. A judge may allow
testimony using communication technology upon a showing of good
cause. Oaths must be administered in accordance with Florida Rule
of General Practice and Administration 2.530.
(k) Burden of Proof. The state bears the burden of proving
the need for pretrial detention under the substantial probability
standard in section 907.041, Florida Statutes.
(l) Order.
(1) Hearing Required. An order granting or denying
pretrial detention must be issued after a hearing.
(2) Findings. The order may be based solely on hearsay
but must be based solely upon evidence introduced at the hearing
and must be supported by findings of fact and conclusions of law.
The order must be made either in writing or orally on the record
within 24 hours of the conclusion of the hearing.
(3) Mandatory Detention Order. The judge must order
pretrial detention if the judge finds a substantial probability the
defendant committed a capital felony, a life felony, or a first degree
felony, listed as a dangerous crime in section 907.041, Florida
Statutes, and based on the defendant’s past and present patterns of
behavior, consideration of the criteria in section 903.046, Florida
Statutes, and any other relevant facts, that no conditions of release
or bail will reasonably protect the community from risk of physical
harm, ensure the presence of the defendant at trial, or assure the
integrity of the judicial process.
(m) Reconsideration. Either party may move for the order
granting or denying pretrial detention to be reconsidered any time
before trial if the judge finds that information exists that was not
known to the party moving for reconsideration at the time of the
hearing and that such information has a material bearing on
determining whether there are conditions of release or bail that will
reasonably assure the appearance of the defendant as required and
the safety of any other person and the community from harm. The
defendant is entitled to dissolution of a pretrial detention order if
the court finds that a subsequent event eliminated the basis for
detention.
Criminal Court Steering Committee Note
2025 Amendment. Rule 3.132 was substantially revised to reflect
chapters 2023-27 and 2024-157, Laws of Florida. Rule 3.132
applies to pretrial detention under section 907.041, Florida
Statutes. An example of an extenuating circumstance under rule
3.132(e) is the pretrial confinement of the defendant on other
pending charges, or his or her lawful confinement on another
basis.