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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 903
BAIL
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F.S. 903.011
903.011 Pretrial release; general terms; statewide uniform bond schedule.
(1) As used in this chapter, the terms “bail” and “bond” include any and all forms of pretrial release.
(2) Any monetary or cash component of any form of pretrial release may be met by a surety bond.
(3) Differing monetary amounts may not be set for cash, surety, or other forms of pretrial release.
(4) Except as authorized in subsection (5), only a judge may set, reduce, or otherwise alter a defendant’s bail. Upon motion by a defendant, or on the court’s own motion, a court may reconsider the monetary component of a defendant’s bail if he or she is unable to post a monetary bond.
(5)(a) Beginning January 1, 2024, and annually thereafter, the Supreme Court must adopt a uniform statewide bond schedule for criminal offenses not described in subsection (6) for which a person may be released on bail before and in lieu of his or her first appearance hearing or bail determination. The Supreme Court must make the revised uniform statewide bond schedule available to each judicial circuit.
(b) Except as provided in paragraph (c), the chief judge of a judicial circuit may not establish a local bond schedule that sets a lower bond amount than that required by the uniform statewide bond schedule for the purpose of setting a defendant’s bail before a first appearance hearing or bail determination.
(c) The chief judge of a judicial circuit may petition the Supreme Court for approval of a local bond schedule that sets a lower bond amount than that required by the uniform statewide bond schedule. If the Supreme Court reviews and approves the local bond schedule, such schedule may be used for the purpose of setting a defendant’s bail before a first appearance hearing or bail determination pending the adoption of a new or revised uniform statewide bond schedule pursuant to paragraph (a).
(d) The chief judge of a judicial circuit may establish a local bond schedule that increases the monetary bond applicable to an offense that is included in the uniform statewide bond schedule adopted by the Supreme Court. Such a deviation from the uniform statewide bond schedule does not require approval by the Supreme Court.
(e) In adopting the uniform statewide bond schedule or reviewing a petition for a local bond schedule that deviates from the uniform statewide bond schedule, the Florida Supreme Court shall evaluate the amount of monetary bond necessary to protect the community from risk of physical harm, to assure the presence of the accused at trial, and to protect the integrity of the judicial process.
(f) The uniform statewide bond schedule shall not bind a judge in an individual case who is conducting a first appearance hearing or bail determination.
(6) A person may not be released before his or her first appearance hearing or bail determination and a judge must determine the appropriate bail, if any, based on an individualized consideration of the criteria in s. 903.046(2), if the person meets any of the following criteria:
(a) The person was, at the time of arrest for any felony, on pretrial release, probation, or community control in this state or any other state;
(b) The person was, at the time of arrest, designated as a sexual offender or sexual predator in this state or any other state;
(c) The person was arrested for violating a protective injunction;
(d) The person was, at the time of arrest, on release from supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731;
(e) The person has, at any time before the current arrest, been sentenced pursuant to s. 775.082(9) or s. 775.084 as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal;
(f) The person has been arrested three or more times in the 6 months immediately preceding his or her arrest for the current offense; or
(g) The person’s current offense of arrest is for one or more of the following crimes:
1. A capital felony, life felony, felony of the first degree, or felony of the second degree;
2. A homicide under chapter 782; or any attempt, solicitation, or conspiracy to commit a homicide;
3. Assault in furtherance of a riot or an aggravated riot; felony battery; domestic battery by strangulation; domestic violence, as defined in s. 741.28; stalking; mob intimidation; assault or battery on a law enforcement officer; assault or battery on juvenile probation officer, or other staff of a detention center or commitment facility, or a staff member of a commitment facility, or health services personnel; assault or battery on a person 65 years of age or older; robbery; burglary; carjacking; or resisting an officer with violence;
4. Kidnapping, false imprisonment, human trafficking, or human smuggling;
5. Possession of a firearm or ammunition by a felon, violent career criminal, or person subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking;
6. Sexual battery; indecent, lewd, or lascivious touching; exposure of sexual organs; incest; luring or enticing a child; or child pornography;
7. Abuse, neglect, or exploitation of an elderly person or disabled adult;
8. Child abuse or aggravated child abuse;
9. Arson; riot, aggravated riot, inciting a riot, or aggravated inciting a riot; or a burglary or theft during a riot;
10. Escape; tampering or retaliating against a witness, victim, or informant; destruction of evidence; or tampering with a jury;
11. Any offense committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang;
12. Trafficking in a controlled substance, including conspiracy to engage in trafficking in a controlled substance;
13. Racketeering; or
14. Failure to appear at required court proceedings while on bail.
History.s. 39, ch. 84-103; s. 2, ch. 2008-224; s. 1, ch. 2023-27.