Fla. R. Crim. P. 3.130

(a) Prompt First Appearance. Except when previously

released in a lawful manner, every arrested person must be taken

before a judge, either in person or by audio-video communication

technology in the discretion of the court, within 24 hours of arrest.

In the case of a child in the custody of juvenile authorities, against

whom an information or indictment has been filed, the child must

be taken for a first appearance hearing within 24 hours of the filing

of the information or indictment. The chief judge of the circuit for

each county within the circuit must designate 1 or more judges

from the circuit court, or county court, to be available for the first

appearance and proceedings. The state attorney or an assistant

state attorney and public defender or an assistant public defender

must attend the first appearance proceeding either in person or by

communication technology, as determined in the discretion of the

court. First appearance hearings must be held with adequate notice

to the public defender and state attorney. An official record of the

proceedings must be maintained. If the defendant has retained

counsel or ex-presses a desire to and is financially able, the

attendance of the public defender or assistant public defender is

not required at the first appearance, and the judge must follow the

procedure outlined in subdivision (c)(2).

(b) Advice to Defendant.

(1) Notice of Charges and Rights. At the defendant’s first

appearance the judge must immediately inform the defendant of the

charge, including an alleged violation of probation or community

control and provide the defendant with a copy of the complaint. The

judge must also adequately advise the defendant that:

(A) the defendant is not required to say anything,

and that anything the defendant says may be used against him or

her;

(B) if unrepresented, that the defendant has a

right to counsel, and, if financially unable to afford counsel, that

counsel will be appointed; and

(C) the defendant has a right to communicate with

counsel, family, or friends, and if necessary, will be provided

reasonable means to do so.

(2) Use of Video Recording to Provide Notice of Rights. If

the defendant was advised of the rights listed in subdivisions

(b)(1)(A)–(b)(1)(C) by pre-recorded video, the judge must confirm

separately with each individual defendant that such defendant had

an opportunity to view and understands the rights explained in the

video recording.

(c) Counsel for Defendant.

(1) Appointed Counsel. If practicable, the judge should

determine before the first appearance whether the defendant is

financially able to afford counsel and whether the defendant desires

representation. When the judge determines that the defendant is

entitled to court-appointed counsel and desires counsel, the judge

must immediately appoint counsel. This determination must be

made and, if required, counsel appointed no later than the time of

the first appearance and before any other proceedings at the first

appearance. If necessary, counsel may be appointed for the limited

purpose of representing the defendant only at first appearance or at

subsequent proceedings before the judge.

(2) Retained Counsel. When the defendant has

employed counsel or is financially able and desires to employ

counsel to represent him or her at first appearance, the judge must

allow the defendant a reasonable time to send for counsel and

must, if necessary, postpone the first appearance hearing for that

purpose. The judge must also, on request of the defendant, require

an officer to communicate a message to such counsel as the

defendant may name. The officer must, with diligence and without

cost to the defendant if the counsel is within the county, perform

the duty. If the postponement will likely result in the continued

incarceration of the defendant beyond a 24-hour period, at the

request of the defendant the judge may appoint counsel to

represent the defendant for the first appearance hearing.

(3) Opportunity to Confer. No further steps in the

proceedings should be taken until the defendant and counsel have

had an adequate opportunity to confer, unless the defendant has

intelligently waived the right to be represented by counsel.

(4) Waiver of Counsel. The defendant may waive the

right to counsel at first appearance. The waiver, containing an

explanation of the right to counsel, must be in writing and signed

and dated by the defendant. This written waiver of counsel must, in

addition, contain a statement that it is limited to first appearance

only and must in no way be construed to be a waiver of counsel for

subsequent proceedings.

(d) Pretrial Detention or Release. The judge must proceed

to determine pretrial detention or conditions of release under rule

3.132 or rule 3.131. For a defendant who has been arrested for

violation of his or her probation or community control by

committing a new violation of law, the judge:

(1) may order the offender to be taken before the court

that granted the probation or community control if the offender

admits the violation; or

(2) if the offender does not admit the violation at first

appearance hearing, the judge may commit and order the offender

to be brought before the court that granted probation or community

control, or may release the offender with or without bail to await

further hearing, notwithstanding section 907.041, Florida Statutes,

relating to pretrial detention and release. In determining whether to

require or set the amount of bail, the judge may consider whether

the offender is more likely than not to receive a prison sanction for

the violation.