AO 2025-002

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. 2025-002

(Supersedes AO 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, subject to certain exceptions, 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 at

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 this order; and

WHEREAS, the Florida Supreme Court has issued an administrative order, AOSC 24-126, and in accord with section 903.011, Florida Statutes, each chief circuit judge may issue a uniform bond schedule in conformity thereof; and

WHEREAS, the Florida Legislature has amended section 907.041, Florida Statutes, via Chapter 2025-1, Laws of Florida, to revise legislative intent that persons posing a substantial flight risk because of their status as unauthorized aliens be detained upon arrest; and

WHEREAS, the following general terms of release shall apply to all persons released on

bond under this schedule: 1) defendants shall not violate the law; 2) defendants shall have no contact with any victim(s); and 3) if the defendant was arrested for any drug related offense, there will be zero tolerance for any illegal use of any controlled substance and the defendant shall be subject to random testing as directed by the Court or any Pretrial Release Program; and

WHEREAS, this uniform Bond Schedule only applies to arrestees prior to the

next scheduled First Appearance hearing before a judge; and

WHEREAS, this uniform bond schedule shall not bind a judge or judicial officer in an individual case who is conducting a first appearance hearing or bail determination, nor shall it apply to any pre-set bonds issued by a 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:

• 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 any other 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 s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731, F.S.;
5. The person has, at any time before the current arrest, been sentenced pursuant to s. 775.082(9) or s. 775.084, F.S., as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal;
6. The person has been arrested three or more times in the 6 months immediately preceding his or her arrest for the current offense;
7. The person is an unauthorized alien[1] arrested for committing a forcible felony;[2] or,
8. 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 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;
   14. Failure to appear at required court proceedings while on bail; or
   15. Any other “dangerous crime” listed in s. 907.041, F.S.

• Pursuant to s. 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.

• Each crime of arrest requires a separate bond pursuant to s. 903.02(4), Florida

Statutes, and Florida Rule of Criminal Procedure 3.131(b)(2).

• An unauthorized alien arrested for a forceable felony may request a continuance of

his or her first appearance hearing.  A continuance shall not be longer than 48 hours unless the court determines there are extenuating circumstances.  The State Attorney shall be entitled to one continuance for good cause.  The defendant may not be released from custody pending any such continuance.

• 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.

DONE AND ORDERED in Chambers in Lake City, Columbia County, Florida, this 3rd day of April, 2025.

__________________________

Melissa Gates Olin, Chief Judge

[1] “Unauthorized alien” means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq.  See s. 908.111 (1)(d), F.S.

[2] “Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.  See s. 776.08, F.S.