Bond in Orange County, FL

The best way to understand how bonds are set in criminal cases in Orlando County, FL, is to review the administrative orders published in the Ninth Judicial Circuit.

In Administrative Order No. 2022-03-02, effective April 10, 2024, the courts explained the operational procedures for first appearance hearings.

The administrative order provides:

I. OPERATIONAL PROCEDURES FOR FIRST APPEARANCES IN-PERSON OR VIA VIDEO ON WEEKENDS AND HOLIDAYS:

A. The assignment of judges to serve on weekends and holidays shall be made by the Chief Judge.

B. The process of determining the rotation of judges or other changes to weekend and holiday duty shall only be reviewable every three years or longer from the prior review. The most recent committee completed its review on January 2, 2020.

C. ADA – upon booking of an individual that appears to require a sign language interpreter, the Clerk or Corrections shall immediately notify the supervising court interpreter via the number provided by Court Administration.

D. The schedule for weekends and holidays is as follows:

0800 – Juvenile Justice Center Courtroom: Juvenile Dependency Cases;

0815 (or as soon as possible following conclusion of Juvenile Dependency Cases) – Juvenile Justice Center Courtroom: Juvenile Delinquency Cases;

Pandemic Procedures – to be utilized when there is a Supreme Court Administrative Order or statute or rule of court allowing video/telephonic appearances –

0815 Juvenile Justice Center. The judge, clerk, and court deputy appear in person, all other attend by Teams. Parents and attorneys may appear by Teams or teleconference. Department of Juvenile Justice staff will send an email to the duty judge before court begins each day with information for the cases scheduled.

1100 – Orange County Booking & Release Center Courtroom 1: Video first appearances relating to inmates located at Osceola County Jail Facility will be conducted at the Orange County Booking Release Center, Orange County Jail, Orlando, Florida;

1130 – (or as soon as possible following the conclusion of first appearances relating to Osceola inmates) – Orange County Booking & Release Center Courtroom 1: In-person first appearances relating to inmates located at the Orange County Booking & Release Center, Orange County Jail, Orlando, Florida.

E. On weekends and holidays, the Department of Juvenile Justice will be responsible for transporting juveniles to the Juvenile Justice Center no later than 0745 hours. In addition, the Department will ensure any necessary paperwork is electronically provided to the clerk at the Juvenile Justice Center no later than 0730 hours. A Department counselor will remain at the Juvenile Justice Center until the juvenile proceedings are finished and the paperwork is completed and returned to the detention facility. The Department will ascertain whether any parents wish to communicate with the judge and relate the information to the judge at the Juvenile Justice Center. Interested persons regarding juveniles appearing before the weekend judge or holiday judge will be permitted in the courtroom at the Juvenile Justice Center.

F. The Booking & Release Center will compile all arrest affidavits of those inmates arrested/processed into the Booking & Release Center between 0600 hours Friday to 0200 hours Saturday morning for Saturday’s session; between 0200 hours Saturday morning to 0200 hours Sunday morning for Sunday’s session; and between 0200 hours Sunday morning to 2300 hours Sunday evening for Monday’s regular session, requiring a first appearance and delivery of the arrest affidavits to the Clerk of Court no later than 0430 hours on Saturday, Sunday, and/or Monday or other holiday.

G. Cut off time for weekend and holiday morning session is 0300 hours.

H. Inmate Records provides morning court list to the Clerk’s office by 0430 hours.

I. The Clerk assigned to first appearances will pick up affidavits from the Clerk’s office and prepare all necessary documents, including obtaining State of Florida Department of Motor Vehicles driving records for all misdemeanor traffic and felony traffic cases for review by the first appearance Judge by 1000 hours.

J. The Clerk and the Booking & Release Center will activate their respective broadcast systems at 1045 hours to insure proper operation.

K. The Booking & Release Center will show all inmates the Rights Videotape and ensure that all inmates complete an Advice to Defendant, First Appearance Form. The Clerk shall retrieve the arrest affidavits at 0430 hours and the advice forms at 0900 hours.

L. On weekends and holidays, arrest affidavits and any other paperwork required will be ready to be reviewed by the judge by 1000 hours. Judges should arrive in sufficient time to complete their review and be ready to commence proceedings by 1100 hours. It is imperative that this schedule be kept as closely as possible, as many people are involved in the transportation of paperwork and inmates and coordination is essential. Orange County records are electronic and weekend/holiday paperwork is reviewable in Odyssey under Division 52 calendar.

M. Public viewing is permitted at the Booking & Release Center and the Video Visitation Center in designated locations. Court personnel only will be permitted in the courtrooms of the Booking & Release Center. Court personnel and parents, relatives, and guardians of children scheduled to appear at the Juvenile Justice Center will be permitted in the Center. The prosecuting authority and the public defender assigned to handle first appearances should arrive in sufficient time to complete their review and perform any other required tasks and be ready to commence proceedings by 1100 hours.

N. No plea to an enhanceable offense will be accepted at First Appearance over the objection of the State Attorney or the City Prosecutor.

II. BAIL SCHEDULE:

A. The bail bond schedule, attached hereto as Attachments A 1, A 2, & A 3, is for use in setting bail in Orange and Osceola Counties prior to first appearance, and is not intended to and does not in any manner bind judges conducting first appearance hearings or bond hearings. Judges setting bail as a condition of release may set such bail in any reasonable amount in accordance with the factors set forth in Florida Rule of Criminal Procedure 3.131(b)(3) and section 903.046, Florida Statutes. The bail bond schedule herein applies when law enforcement or county jail or pretrial release employees exercise their discretion to release a person on bond before that person’s First Appearance hearing. Those crimes that require a First Appearance hearing under section 903.011(6), Florida Statutes, must be held for First Appearance even if a bond is set on the warrant. Further, the bail bond schedule herein is to be used even when a warrant was issued prior to January 1, 2024 but not executed until after January 1, 2024.

B. Unless a judge has ordered the defendant held without bail or has previously set bail, a defendant may be released from jail before first appearance if he/she posts the bail set forth in this section and otherwise meets the conditions of this section. In addition to the posting of the monetary bail, the person’s release conditions shall include an obligation to comply with all court orders, to appear at all court hearings, to refrain from any criminal activity, and to refrain from any contact with the alleged victim. Double the stated amount of the following bail schedule will be required of persons who do not reside in Florida.

C. Pursuant to Florida Rule of Criminal Procedure 3.131, as amended, unless a person is charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption of guilt is great, that person is entitled to pretrial release on reasonable conditions. If no condition of release can reasonably protect the community from risk of harm, assure the accused’s presence at trial, or assure the integrity of the judicial process, the accused may be detained as provided in section 907.041, Florida Statutes, and Florida Rules of Criminal Procedure 3.132. An arrestee shall not be released without the judge’s authority if any law enforcement officer or the State Attorney has communicated his or her objection to release under monetary release conditions.

D. Each crime of arrest requires a separate bond pursuant to section 903.02(4), Florida Statutes, and Florida Rule of Criminal Procedure 3.131(b)(2), with the exception of warrants issued prior to October 1, 2006. Bail on those warrants shall be governed by the amount set in the warrant. For offenses not appearing on the bond schedule attached hereto, the following bond amounts may apply:

1. For persons arrested for a crime Bond: None listed in § 903.011(6), Fla. Stat. 1st appearance or who meets the criteria in required. § 903.011(6), Fla. Stat.

2. For persons not covered by number 1., Bond: $5,000 arrested for a third degree felony that involves any amount of force or threat of force against a person.

3. For persons not covered by number 1., Bond: $2,500 arrested for a third degree felony that does not involve any force or threat of force against a person.

4. For persons not covered by number 1., Bond: $1,000 arrested for a first degree misdemeanor or an ordinance punishable like a first degree misdemeanor, that involves any amount of force or threat of force against a person.

5. For persons not covered by number 1., Bond: $500 arrested for a first degree misdemeanor or an ordinance punishable like a first degree misdemeanor, that does not involve any force or threat of force against a person and that is not driving under the influence or boating under the influence.

6. For persons not covered by number 1., Bond: $250 arrested for a second degree misdemeanor or an ordinance punishable like a second degree misdemeanor, that involves any amount of force or threat of force against a person.

7. For persons not covered by number 1., Bond: $150 arrested for a second degree misdemeanor or an ordinance punishable like a second degree misdemeanor, that does not involve force or threat of force against a person and that is not driving under the influence or boating under the influence.

8. For persons not covered by numbers 1. or 3., arrested for driving under the influence or boating under the influence.

a. First degree misdemeanor. Bond: $1,000

b. Second offence, second degree Bond: $750 misdemeanor.

c. First offense, second degree Bond: $500 misdemeanor.

E. A person arrested for a capital crime, a felony punishable by life, a first degree felony punishable by up to life, domestic violence, violation of domestic injunction, or for any lewd or lascivious exhibition, lewd or lascivious molestation, lewd or lascivious battery, or other sexual act involving a minor, or for any failure of a person deemed to be a sexual predator to follow registration, reporting, and/or employment restrictions, pursuant to chapters 775 and 943 of the Florida Statutes, or for burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency) shall not be eligible for release under this section. These persons are to be held until first appearance, at which time the first appearance judge will decide conditions of release, if any.

F. Any motion for bail or bond regarding defendants with the above outstanding charges, with the exception of burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency), shall include the following information: charging affidavit and any other supporting documents; addresses and phone numbers of defendant; address and phone numbers of defendant’s employers; and any aliases of defendant. A copy of such motion shall be forwarded to the Department of Corrections at their designated office.

G. Bond when charges are modified and defendant is still in custody:

1. If the charge(s) filed by the State Attorney are more numerous, as compared to the offense(s) that were before the court when the bond was last set, the Orange County Department of Corrections shall release the defendant on the additional charge(s) on his or her own recognizance, unless application for modification of the conditions of release has been made by either party and granted by a court of competent jurisdiction.

2. If the charge(s) filed by the State Attorney are higher or lower in degree than the offenses that were before the court when the bond was last set, the bond shall remain the same as that last set, unless application for modification of the conditions of release has been made by either party and granted by a court in its sound discretion. Additionally, the court may adjust the bond if deemed appropriate or proportional.

3. The total amount of each original bond remains in effect, regardless of any change in charge(s) filed, unless otherwise ordered by the judge assigned the case.

4. If a felony charge is upgraded to a First Degree Felony or PBL, the bond will be stayed at NONE until addressed by the assigned judge other appropriate judge in accordance with this Order.

III. VACATING/INCORPORATION OF RELATED ADMINISTRATIVE ORDERS:

The provisions of Administrative Orders 2003-39-28 and 07-98-47-19 addressed in this Administrative Order are vacated and set aside except to the extent that each has been incorporated and/or amended herein. The remainder of Administrative Order 07-98-47-19 not specifically addressed herein remains in effect until further order. Vacating an Administrative Order that vacates a prior Order does not revive the prior Order.

ATTACHMENTS A 1, A 2, & A 3 – STANDARD BAIL BOND SCHEDULE FOR THE NINTH JUDICIAL CIRCUIT

Offenses Triggering No Bond Until First Appearance

This bail bond schedule is for use in setting bail in Orange and Osceola Counties prior to First Appearance, and is not intended to and does not in any manner bind judges conducting First Appearance hearings or bond hearings. Judges setting bail as a condition of release may set such bail in any reasonable amount in accordance with the factors set forth in Florida Rule of Criminal Procedure 3.131(b)(3) and section 903.046, Florida Statutes.

Note: A person arrested for any of the following offenses will not be eligible for release under this section:

• a capital crime
• a felony punishable by life
• a first degree felony punishable by up to life
• domestic violence
• violation of domestic injunction
• any lewd or lascivious exhibition, lewd or lascivious molestation, lewd or lascivious battery, or
• any other sexual act involving a minor, or
• any failure of a person deemed to be a sexual predator to follow registration, reporting, and/or employment restrictions, pursuant to chapters 775 and 943 of the Florida Statutes, or
• burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency).

These persons are to be held until first appearance, at which time the first appearance judge will decide conditions of release, if any. Any motion for bail or bond regarding defendants with the above outstanding charges, with the exception of burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency), shall include the following information: attachment copy of charging affidavit and any other supporting documents; addresses and phone numbers of defendant; address and phone numbers of defendant’s employers; and any aliases of defendant. A copy of such motion shall be forwarded to the Department of Corrections at their designated office.

This article was last updated on Thursday, October 24, 2024.