Fla. R. Crim. P. 3.125

(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