Fla. R. Crim. P. 3.131

(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 is

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 must

refrain from any contact of any type with the victim, except through

pretrial discovery under the Florida Rules of Criminal Procedure

and must comply with all conditions of pretrial release as ordered

by the court. On motion by the defendant when bail is set, or on

later motion properly noticed under law, the court may modify the

condition precluding victim contact if good cause is shown and the

interests of justice so require. The victim is permitted to be heard at

any proceeding in which such modification is considered, and the

state attorney must 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) Pretrial Release Before First Appearance.

(1) A person may be released on bail before his or her

first appearance or bail determination hearing under a local bond

schedule established by the chief judge of the circuit or by the

uniform bond schedule adopted by the Supreme Court in

accordance with subsection 903.011(5), Florida Statutes, if no local

bond schedule has been established, or as ordered by the issuing

judge on an arrest warrant, if applicable.

(2) A person may not be released on bail before his or

her first appearance or bail determination hearing if the person

meets the criteria set forth in subsection 903.011(6), Florida

Statutes.

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

(1) Unless the state has filed a motion for pretrial

detention under rule 3.132, the court must 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 must 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,

must 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) release on nonmonetary conditions, which

may, if appropriate, include being required to:

(i) maintain employment, or, if unemployed,

actively seek employment;

(ii) maintain or commence an educational

program;

(iii) abide by specified restrictions on

personal associations, place of residence, or travel;

(iv) report on a regular basis to a designated

law enforcement agency, pretrial services agency, or other agency;

(v) comply with a specified curfew;

(vi) refrain from possessing a firearm,

destructive device, or other dangerous weapon;

(vii) refrain from excessive use of alcohol, or

any use of a narcotic drug or other controlled substance without a

prescription from a licensed medical practitioner;

(viii) undergo available medical, psychological,

psychiatric, mental health, or substance abuse evaluation and

follow all recommendations, including treatment for drug or alcohol

dependency, and remain in a specified institution, if required for

that purpose;

(ix) return to custody for specified hours

following release for employment, school, or other limited purposes;

or

(x) any other condition that is reasonably

necessary to assure the appearance of the defendant at subsequent

proceedings and to protect the community against unreasonable

danger of harm; or

(D) execution of a bail bond with sufficient solvent

sureties, or the deposit of cash; 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.

(2) The judge must, 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 must determine the amount. A

judge conducting a first appearance hearing or bail determination is

not bound by a bond schedule authorized by subsection 903.011(5),

Florida Statutes. Any judge setting or granting monetary bond must

set a separate and specific bail amount for each crime charged.

When bail is posted each crime charged 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 must 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 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) 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, must 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 may be compelled to provide information

regarding his or her criminal record.

(5) Information stated in, or offered in connection with,

any order entered under this rule need not strictly conform to the

rules of evidence.

(d) 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 is not 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 is not

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.

(e) 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 must 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) On motion by the defendant, or on the court’s own

motion, a court may reconsider the monetary component of the

defendant’s bail if he or she is unable to post a monetary bond.

(4) 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 must be given to the attorney general and the state

attorney. Such proceedings must be determined promptly.

(f) 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 must 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 must be that the person will appear to answer the

charges before the court in which the person may be prosecuted

and submit to the orders and process of the court and will not

depart without leave.

(g) Revocation of Pretrial Release.

(1) Any judge presiding at a first appearance hearing

may revoke a defendant’s pretrial release status under section

903.0471, Florida Statutes, 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 must revoke pretrial release for a person

who commits a violation of section 843.23, Florida Statutes, while

the person is on pretrial release.

(3) 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.

(h) 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 must recite

generally the facts on which it is based and must 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 the defendant would be if the defendant had not been given

bail, to be detained by such official until legally discharged. The

defendant must be arrested under 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 must be

committed. If the order is made for any other cause, the court may

determine the conditions of release, if any.

(i) Bail After Recommitment. If the defendant applies to be

admitted to bail after recommitment, the court that recommitted

the defendant or the court under subdivision (e)(1) must determine

conditions of release, if any, subject to the limitations of subdivision

(c).

(j) Qualifications of Surety After Order of

Recommitment. If the defendant offers bail after recommitment,

each surety must possess the qualifications and sufficiency and the

bail must be furnished in all respects in the manner prescribed for

admission to bail before recommitment.

(k) 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 must issue or 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. On the filing of the

indictment or information, the judge must 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 must be made on the capias and signed by the

judge.

(l) 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 must 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 must be issued with

the amount of bail endorsed on it. The summons must state

substantially the nature of the offense, the title of the hearing to be

conducted, and must 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.

(m) 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 must direct the clerk to issue or must

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 must be entered and trial and judgment must follow

without further process.