Fla. R. Crim. P. 3.132

(a) First Appearance Required. A person arrested for a

dangerous crime listed in section 907.041, Florida Statutes, or an

unauthorized alien arrested for a forcible felony, 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 Judicial 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.