IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT,

IN AND FOR COLUMBIA, DIXIE, HAMILTON, LAFAYETTE, MADISON, SUWANNEE, AND TAYLOR COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2023-006

IN RE:          UNIFORM BOND SCHEDULE

                      FOR CRIMINAL PROCEEDINGS

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WHEREAS, Florida Rule of Criminal Procedure 3.131 provides that 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 a violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions.  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; and

WHEREAS, section 903.046, Florida Statutes, provides that the purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant as subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant; and

WHEREAS, section 903.046, Florida Statutes, also provides that in determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, and mental conditions; the defendant’s past and present conduct related to criminal history; probability of danger to the community; the source of funds to post bail; and the defendant’s legal status; and

WHEREAS, pursuant to Article I, section 16(b)(4), Florida Constitution, the Court has considered the safety and welfare of potential victims and their families in establishing the enumerated offenses found in the order; and

WHEREAS, the Florida Supreme Court has issued an administrative order, AOSC 23-88, and in accord with Florida Statutes 903.011, each chief circuit judge may issue a uniform bond schedule in conformity thereof; and

WHEREAS, the following general terms of release shall apply to all persons released on bond under this schedule: 1) do not violate the law; 2) no contact with any victim(s); and 3) if arrested for any drug related offense, zero tolerance for the illegal use of any controlled substance and subject to random testing as directed by the Court or any Pretrial Release Program; and

WHEREAS, this uniform Bond Schedule only applies to persons arrested prior to the next scheduled First Appearance hearing before a judge; and

WHEREAS, this bond schedule does not apply to any judicial officer or any pre-set bonds issued by any Florida judge or other judicial officer; and

WHEREAS, this bond schedule permits the police, county jail, or pretrial release employees to exercise discretion and grant pretrial release in accord with this bond schedule, but does not impose any obligation to grant pretrial release prior to first appearances.

NOW THEREFORE, by the authority vested in me as the Chief Judge of the Third 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. A person may not be released before his or her first appearance hearing…if the person meets any of the following criteria:

• The person was, at the time of arrest for any felony, on pretrial release, probation, or community control in this state or another state;

• The person was, at the time of arrest, designated as a sexual offender or sexual predator in this state or any other state;

• The person was arrested for violating a protective injunction;

• 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;

• 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

• The person’s current offense of arrest is for one or more of the following crimes:

• A capital felony,
• A life felony,
• A first degree felony,
• A second degree felony,
• A third degree felony that is domestic in nature or involved any amount of force or threat of force against a person,
• A first degree misdemeanor, or ordinance punishable like a first degree misdemeanor, that is domestic in nature or involved any amount of force or threat of force against a person.
• Driving under the influence of alcohol or drugs,
• Operating a vessel under the influence of alcohol or drugs,
• Failure to appear at required court proceedings while on bail, or
• Any offense committed for the purpose of benefitting, promoting, or furthering the interests of a criminal

2. Each crime of arrest requires a separate bond pursuant to §903.02(4), Florida Statutes and Florida Rule of Criminal Procedure 131(b)(2).

3. 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

            DONE AND ORDERED in Chambers in Lake City, Columbia County, Florida, this 29th day of December, 2023.

___________________________

Melissa Gates Olin, Chief Judge

Original to:     Honorable James M. Swisher, Jr., Columbia County Clerk of Court

Copies to:       Charles Hydovitz, Trial Court Administrator, Third Judicial Circuit

All Judges in the Third Judicial Circuit

All Judicial Assistants in the Third Judicial Circuit

All Clerks in the Third Judicial Circuit

All Sheriffs in the Third Judicial Circuit

The Honorable Clifton “Cliff” Wilson, Public Defender

The Honorable John F. Durrett, State Attorney

Office of Criminal Conflict and Civil Regional Counsel

Judicial Staff Attorneys, Third Judicial Circuit

Third Judicial Circuit Bar Association

Florida Department of Corrections, Probation and Parole