In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee, and Sarasota Counties, Florida
Administrative Order NO. 2023–06.3
Reciprocal Grant of Authority
by the Judiciary of the Twelfth
Judicial Circuit to Revoke or
Modify Bail Amounts or Conditions of
Pretrial Release at First Appearance
The Judges of the Twelfth Judicial Circuit have a duty to protect the parties’ due process and constitutional rights, while also protecting the community from the risk of physical harm and assuring the integrity of the judicial process. While presiding over First Appearances pursuant to Fla. R. Crim. P. 3.130, the presiding judges may become aware of information justifying the revocation or modification of bail or conditions of release previously set by other Judges.
Pursuant to Fla. R. Crim. P. 3.131(d)(1)(D), each Judge in the Twelfth Judicial Circuit has, by written notification to the undersigned Chief Judge, authorized all other Judges in the Twelfth Judicial Circuit, while presiding over First Appearances, to revoke bail or modify bail amounts or conditions of release, pursuant to section 903.0471, Florida Statutes (2022), in any earlier case in which any other Judge of the Twelfth Judicial Circuit may have previously granted pretrial release.
By the power invested in me in accordance with Article V, section 7, Florida Constitution, Florida Rule of General Practice and Judicial Administration 2.215, and section 43.26, Florida Statutes, it is hereby ordered that
- Based on the reciprocal grant of authority by the Judges of the Twelfth Judicial Circuit, until any one Judge retracts his or her authorization as described above, any Judge of the Twelfth Judicial Circuit is granted the authority, pursuant to Fla. R. Crim. P. 3.131(d)(1)(D), to modify or revoke, on his or her own motion, bonds or conditions of release previously set by any other Judge of the Twelfth Judicial Circuit, upon finding probable cause to believe that the defendant committed a new crime while at liberty on that pretrial release, as permitted by section 903.0471, Florida Statutes (2022).
- The reciprocal authority granted herein does not mandate any particular action on the part of First Appearance Judges. This Administrative Order grants authority that is permissive in nature, allowing the Judge presiding over First Appearances to use sound discretion in determining whether to modify or revoke pretrial release in the prior case.
- This Administrative Order is not intended to prohibit the parties from filing motions for pretrial detention or pretrial release, as may be appropriate or authorized by the Florida Rules of Criminal Procedure or by statute.
- The reciprocal authority granted herein is applicable only between the Judges of the Twelfth Judicial Circuit. It has no application outside of the Twelfth Judicial Circuit. This order does not act as a grant of authority to Judges outside of the Twelfth Judicial Circuit, nor does it act as an acquisition of authority from Judges outside of the Twelfth Judicial Circuit.
- To the extent that this Administrative Order may conflict with law, statute, or rule, the law, statute, or rule shall prevail.
- This Administrative Order is effective immediately.
Done and ordered in chambers, Sarasota County, Florida, this 17th day of May, 2023.
Charles E. Roberts
Return to Administrative Order List