Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee, and Sarasota Counties, Florida

Administrative Order No: 2023–21.3

(Supersedes and Vacates Administrative Order 2013–11.3)

Pursuant to §903.011(5)(a), Florida Statutes, the Florida Supreme Court has adopted a uniform statewide bond schedule that must be used by the police, county jail, or pretrial release employees upon a person’s arrest.^[1]

The chief judge of each circuit may establish a local bond schedule that adds conditions of release and/or increases the bond amounts above those required by the uniform statewide bond schedule established by the Florida Supreme Court.

This bond schedule applies when the police or county jail or pretrial release employees exercise their discretion to release a person on bond before that person’s first appearance hearing.

This uniform statewide bond schedule shall not bind a judge in an individual case who is conducting a first appearance hearing or bail determination.

Now therefore, by the authority vested in me as the Chief Judge of the Twelfth Judicial Circuit under Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215(b), Florida Rules of General Practice and Judicial Administration, it is,
Ordered and adjudged:

1. Pursuant to §903.011(6), Florida Statutes, a person may not be released before his or her first appearance hearing …if the person meets any of the following criteria:
   1. the person was, at the time of arrest for any felony, on pretrial release, probation, or community control in this state or another state;
   2. The person was at the time of arrest, designated as a sexual offender or sexual predator in this state or any other state;
   3. The person was arrested for violating a protective injunction;
   4. The person was, at the time of arrest, on release from supervision under §947.1405, §947.146, §947.149, or §944.4731, Florida Statutes. The person has, at any time before the current arrest, been sentenced pursuant to §775.082(9) or §775.084, Florida Statutes, as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal;
   5. The person has been arrested three or more times in the six (6) months immediately preceding his or her arrest for the current offense; or
   6. 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 §741.28, Florida Statutes; stalking; mob intimidation; assault or battery on a law enforcement officer; assault or battery on a juvenile probation officer, or other staff of a detention center or commitment facility, or staff member of a commitment facility, or health services personnel; assault or battery on a person 65 years of age or older; robbery; 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 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 benefitting, 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.
2. Each crime of arrest requires a separate bond pursuant to §903.02(4), Florida Statutes and Florida Rule of Criminal Procedure 3.131(b)(2).
3. No bond amount will be imposed, and a person may not be released before first appearance hearing upon the offense of Domestic Battery.
4. The bond schedule below must be used by the police, county jail, or pretrial release employees upon a person’s arrest when exercising their discretion to release a person on bond before that person’s first appearance hearing.

5. Pursuant to §903.047(1)(a), Florida Statutes, and Florida Rule of Criminal Procedure 3.131(a), an arrested person released from jail before trial must refrain from criminal activity of any kind and must refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. A violation of either of these conditions of pretrial release subjects the arrestee to revocation of bond.
6. This Administrative Order No. 2023-21.3 supersedes and vacates Administrative Order 2013-11.3.
7. This Administrative Order No. 2023-21.3 shall take effect on January 1, 2024, and remain in full force and effect until December 31, 2024, unless or until otherwise ordered by this Court.

Done and ordered in Chambers in Bradenton, Manatee County, Florida this 18 day of December, 2023.

Diana L. Moreland
Chief Judge

1. See AOSC23-88, December 12, 2023.