In Re: Amendments to Florida Rule of Criminal Procedure 3.131

Supreme Court of Florida
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No. SC2025-0216
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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.131.

September 25, 2025

PER CURIAM.

The Criminal Procedure Rules Committee filed a report

proposing amendments to Florida Rule of Criminal Procedure 3.131

(Pretrial Release). 1 This report was filed in response to recent

changes to sections 903.011 and 903.047, Florida Statutes (2022).

See ch. 2023-27, §§ 1, 2, Laws of Fla.

After considering the report, the comments received, and the

response to the comments, we hereby amend rule 3.131 as revised

by the Committee in its response to the comments.

New subdivision (b) (Pretrial Release Before First Appearance)

states that a person may be released before first appearance based

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
on the bond schedule in section 903.011(5), unless they meet

criteria articulated in section 903.011(6). New subdivision (c)(1)(C)

provides a list of nonmonetary conditions of release derived

verbatim from section 903.047(1)(c)(1)-(10). Additional language is

added to subdivision (c)(2) that is in accordance with section

903.011(5)(f). In subdivision (c)(3), “may consider” is changed to

“must consider” to align with section 903.047(1)(c), which requires

courts to consider section 903.046(2), Florida Statues, when

determining whether to impose nonmonetary conditions.

Subdivision (c)(4), which pertains to release of a person charged

with a dangerous crime, is deleted because the subject matter has

been added to rule 3.132(f)(1). Additionally, new subdivision (e)(3)

regarding reconsideration of the monetary component of a

defendant’s bail is added based on section 903.011(4). Finally,

changes are made throughout the rules to conform with In re

Guidelines for Rules Submissions, Florida Administrative Order No.

AOSC22-78 (Fla. Oct. 24, 2022).

The Court hereby amends the Florida Rules of Criminal

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

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struck-through type. The amendments to the rule shall become

effective January 1, 2026, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Katelyn Knaak Johnston, Chair, Criminal Procedure Rules
Committee, Jacksonville, Florida, Hon. Laura E. Ward, Past Chair,
Criminal Procedure Rules Committee, Tampa, Florida, Joshua E.
Doyle, Executive Director, The Florida Bar, Tallahassee, Florida,
and Kelly Smith, Staff Liaison, The Florida Bar, Tallahassee,
Florida,

for Petitioner

Stewart G. Stone, Sanford, Florida; Stacy Scott, Public Defender,
Eighth Judicial Circuit of Florida, Gainesville, Florida, Jessica J.
Yeary, Public Defender, Second Judicial Circuit of Florida,
Tallahassee, Florida, and Megan Long, Assistant Public Defender,
Second Judicial Circuit of Florida, Tallahassee, Florida, on behalf of
Florida Public Defender Association, Inc., Tallahassee, Florida; and
Douglas A. Wyler of Jacobs Scholz & Wyler, LLC, Fernandina
Beach, Florida, on behalf of Florida Prosecuting Attorneys
Association, Inc., Tallahassee, Florida,

Responding with comments

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APPENDIX

RULE 3.131. PRETRIAL RELEASE

(a) Right to Pretrial Release. 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 violation of municipal or county
ordinance shall beis entitled to pretrial release on reasonable
conditions. As a condition of pretrial release, whether such release
is by surety bail bond or recognizance bond or in some other form,
the defendant shallmust refrain from any contact of any type with
the victim, except through pretrial discovery pursuant tounder the
Florida Rules of Criminal Procedure and shallmust comply with all
conditions of pretrial release as ordered by the court. UponOn
motion by the defendant when bail is set, or upon later motion
properly noticed pursuant tounder law, the court may modify the
condition precluding victim contact if good cause is shown and the
interests of justice so require. The victim shall beis permitted to be
heard at any proceeding in which such modification is considered,
and the state attorney shallmust notify the victim of the provisions
of this subdivision and of the pendency of any such proceeding. 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.

(b) Pretrial Release Before First Appearance.

(1) A person may be released on bail before his or her
first appearance or bail determination hearing under a local bond
schedule established by the chief judge of the circuit or by the
uniform bond schedule adopted by the Supreme Court in
accordance with subsection 903.011(5), Florida Statutes, if no local
bond schedule has been established, or as ordered by the issuing
judge on an arrest warrant, if applicable.

(2) A person may not be released on bail before his or
her first appearance or bail determination hearing if the person

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meets the criteria set forth in subsection 903.011(6), Florida
Statutes.

(b)(c) Hearing at First Appearance—Conditions of Release.

(1) Unless the state has filed a motion for pretrial
detention pursuant tounder rule 3.132, the court shallmust
conduct a hearing to determine pretrial release. For the purpose of
this rule, bail is defined as any of the forms of release stated below.
Except as otherwise provided by this rule, there is a presumption in
favor of release on nonmonetary conditions for any person who is
granted pretrial release. The judicial officer shallmust impose the
first of the following conditions of release that will 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; or, if no single condition gives that assurance,
shallmust impose any combination of the following conditions:

(A) – (B) [No Change]

(C) release on nonmonetary conditions, which
may, if appropriate, include being required to:

(i) maintain employment, or, if unemployed,
actively seek employment;

(ii) maintain or commence an educational
program;

(iii) abide by specified restrictions on
personal associations, place of residence, or travel;

(iv) report on a regular basis to a designated
law enforcement agency, pretrial services agency, or other agency;

(v) comply with a specified curfew;

(vi) refrain from possessing a firearm,
destructive device, or other dangerous weapon;

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(vii) refrain from excessive use of alcohol, or
any use of a narcotic drug or other controlled substance without a
prescription from a licensed medical practitioner;

(viii) undergo available medical, psychological,
psychiatric, mental health, or substance abuse evaluation and
follow all recommendations, including treatment for drug or alcohol
dependency, and remain in a specified institution, if required for
that purpose;

(ix) return to custody for specified hours
following release for employment, school, or other limited purposes;
or

(x) any other condition that is reasonably
necessary to assure the appearance of the defendant at subsequent
proceedings and to protect the community against unreasonable
danger of harm; or

(C) placement of restrictions on the travel,
association, or place of abode of the defendant during the period of
release;

(D) placement of the defendant in the custody of a
designated person or organization agreeing to supervise the
defendant;

(ED) execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof; provided, however,
that any criminal defendant who is required to meet monetary bail
or bail with any monetary component may satisfy the bail by
providing an appearance bond.; or

(F) any other condition deemed reasonably
necessary to assure appearance as required, including a condition
requiring that the person return to custody after specified hours.

(2) The judge shallmust, at the defendant’s first
appearance, consider all available relevant factors to determine
what form of release is necessary to assure the defendant’s

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appearance. If a monetary bail is required, the judge shallmust
determine the amount. A judge conducting a first appearance
hearing or bail determination is not bound by a bond schedule
authorized by subsection 903.011(5), Florida Statutes. Any judge
setting or granting monetary bond shallmust set a separate and
specific bail amount for each charge or offensecrime charged. When
bail is posted each charge or offensecrime charged requires a
separate bond.

(3) In determining whether to release a defendant on
bail or other conditions, and what that bail or those conditions may
be, the court maymust consider the nature and circumstances of
the offense charged and the penalty provided by law; the weight of
the evidence against the defendant; the defendant’s family ties,
length of residence in the community, employment history, financial
resources, need for substance abuse evaluation and/or treatment,
and mental condition; the defendant’s past and present conduct,
including any record of convictions, previous flight to avoid
prosecution, or failure to appear at court proceedings; the nature
and probability of danger that the defendant’s release poses to the
community; the source of funds used to post bail; whether the
defendant is already on release pending resolution of another
criminal proceeding or is on probation, community control, parole,
or other release pending completion of sentence; and any other
facts the court considers relevant.

(4) No person charged with a dangerous crime, as
defined in section 907.041(4)(a), Florida Statutes, shall 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.

(54) All information provided by a defendant in
connection with any application for or attempt to secure bail, to any
court, court personnel, or individual soliciting or recording such
information for the purpose of evaluating eligibility for or securing
bail for the defendant, under circumstances such that the
defendant knew or should have known that the information was to

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be used in connection with an application for bail, shallmust be
accurate, truthful, and complete, without omissions, to the best
knowledge of the defendant. Failure to comply with the provisions of
this subdivision may result in the revocation or modification of bail.
However, no defendant shallmay be compelled to provide
information regarding his or her criminal record.

(65) Information stated in, or offered in connection with,
any order entered pursuant tounder this rule need not strictly
conform to the rules of evidence.

(c)(d) Consequences of Failure to Appear.

(1) Any defendant who willfully and knowingly fails to
appear and breaches a bond as specified in section 903.26, Florida
Statutes, and who voluntarily appears or surrenders shall not beis
not eligible for a recognizance bond.

(2) Any defendant who willfully and knowingly fails to
appear and breaches a bond as specified in section 903.26, Florida
Statutes, and who is arrested at any time following forfeiture shall
not beis not eligible for a recognizance bond or any form of bond
that does not require a monetary undertaking or commitment equal
to or greater than $2,000 or twice the value of the monetary
commitment or undertaking of the original bond, whichever is
greater.

(d)(e) Subsequent Application for Setting or Modification
of Bail.

(1) When a judicial officer not possessing trial
jurisdiction orders a defendant held to answer before a court having
jurisdiction to try the defendant, and bail has been denied or
sought to be modified, application by motion may be made to the
court having jurisdiction to try the defendant or, in the absence of
the judge of the trial court, to the circuit court. The motion
shallmust be determined promptly. No judge of a court of equal or
inferior jurisdiction may remove a condition of bail or reduce the
amount of bond required, unless the judge:

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(A) – (D) [No Change]

(2) [No Change]

(3) On motion by the defendant, or on the court’s own
motion, a court may reconsider the monetary component of the
defendant’s bail if he or she is unable to post a monetary bond.

(34) If any trial court fixes bail and refuses its reduction
before trial, the defendant may institute habeas corpus proceedings
seeking reduction of bail. If application is made to the supreme
court or district court of appeal, notice and a copy of such
application shallmust be given to the attorney general and the state
attorney. Such proceedings shallmust be determined promptly.

(e)(f) Bail Before Conviction; Condition of Undertaking.

(1) If a person is admitted to bail for appearance for a
preliminary hearing or on a charge that a judge is empowered to
try, the condition of the undertaking shallmust be that the person
will appear for the hearing or to answer the charge and will submit
to the orders and process of the judge trying the same and will not
depart without leave.

(2) If a person is admitted to bail after being held to
answer by a judge or after an indictment or information on which
the person is to be tried has been filed, the condition of the
undertaking shallmust be that the person will appear to answer the
charges before the court in which he or she may be prosecuted and
submit to the orders and process of the court and will not depart
without leave.

(f)(g) Revocation of Pretrial Release.

(1) Any judge presiding at a first appearance hearing
may revoke a defendant’s pretrial release status pursuant tounder
s.section 903.0471, Florida Statutes, on a case not assigned to the
first appearance judge but that is pending in the same judicial
circuit as the first appearance hearing.

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(2) [No Change]

(g)(h) Arrest and Commitment by Court. The court in which
the cause is pending may direct the arrest and commitment of the
defendant who is at large on bail when:

(1) – (3) [No Change]

The order for the commitment of the defendant shallmust recite
generally the facts on which it is based and shallmust direct that
the defendant be arrested by any official authorized to make arrests
and that the defendant be committed to the official in whose
custody he or she would be if he or she had not been given bail, to
be detained by such official until legally discharged. The defendant
shallmust be arrested pursuant tounder such order on a certified
copy thereof, in any county, in the same manner as on a warrant of
arrest. If the order provided for is made because of the failure of the
defendant to appear for judgment, the defendant shallmust be
committed. If the order is made for any other cause, the court may
determine the conditions of release, if any.

(h)(i) Bail after Recommitment. If the defendant applies to
be admitted to bail after recommitment, the court that recommitted
the defendant or the court under subdivision (d)(e)(1) shallmust
determine conditions of release, if any, subject to the limitations of
subdivision (b)(c).

(i)(j) Qualifications of Surety after Order of
Recommitment. If the defendant offers bail after recommitment,
each surety shallmust possess the qualifications and sufficiency
and the bail shallmust be furnished in all respects in the manner
prescribed for admission to bail before recommitment.

(j)(k) Issuance of Capias; Bail Specified. On the filing of
either an indictment or information charging the commission of a
crime, if the person named therein is not in custody or at large on
bail for the offense charged, the judge shallmust issue or shall
direct the clerk to issue, either immediately or when so directed by
the prosecuting attorney, a capias for the arrest of the person. If the
person named in the indictment or information is a child and the

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child has been served with a promise to appear under the Florida
Rules of Juvenile Procedure, capias need not be issued. UponOn
the filing of the indictment or information, the judge shallmust
endorse the amount of bail, if any, and may authorize the setting or
modification of bail by the judge presiding over the defendant’s first
appearance hearing. This endorsement shallmust be made on the
capias and signed by the judge.

(k)(l) Summons on Misdemeanor Charge. When a complaint
is filed charging the commission of a misdemeanor only and the
judge deems that process should issue as a result, or when an
indictment or information on which the defendant is to be tried
charging the commission of a misdemeanor only, and the person
named in it is not in custody or at large on bail for the offense
charged, the judge shallmust direct the clerk to issue a summons
instead of a capias unless the judge has reasonable ground to
believe that the person will not appear in response to a summons,
in which event an arrest warrant or a capias shallmust be issued
with the amount of bail endorsed on it. The summons shallmust
state substantially the nature of the offense, the title of the hearing
to be conducted, and shallmust command the person against whom
the complaint was made to appear before the judge issuing the
summons or the judge having jurisdiction of the offense at a time
and place stated in it.

(l)(m) Summons When Defendant Is Corporation. On the
filing of an indictment or information or complaint charging a
corporation with the commission of a crime, whether felony or
misdemeanor, the judge shallmust direct the clerk to issue or
shallmust issue a summons to secure its appearance to answer the
charge. If, after being summoned, the corporation does not appear,
a plea of not guilty shallmust be entered and trial and judgment
shallmust follow without further process.

Committee Notes
[No Change]

Court Comment
[No Change]

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