In May of 2023, Governor DeSantis approved of House Bill 1627 which drastically changed the laws related to pretrial detention. The law also ordered the Florida Supreme Court to set a uniform bond schedule statewide.

On December 12, 2023, the Florida Supreme Court signed Administrative Order AOSC23-88.

The goal of the new law is to strengthen pre-trial detention and provide uniformity in how bonds are imposed across the State of Florida. These changes became effective on January 1, 2024 and will have a drastic impact on how cases are handled moving forward. These are a few of the changes that have made the release process in Miami-Dade County a 24-48 hour ordeal!

Section (g)(14) of the AO states that a Defendant must appear before a first appearance judge if Defendant’s current arrest is for “failure to appear at a required court proceeding while out on bail.”

In addition, Section (1) of the AO states that a person may not be released before his or her first appearance hearing if the “person was, at the time of arrest for any felony, on pretrial release, probation, or community control in this state or another state.”

Florida Statute 907.041 governs the State’s and Court’s ability to hold a defendant pretrial detention without bond. One of the most significant changes to the statute relates to the treatment of individuals who are accused of committing “dangerous crimes”.

Such as: Arson, Abuse of the Elderly or Disabled Adult, Aggravated Assault or Battery, Aircraft Piracy, Attempting or Conspiring to Commit any such Crime, Burglary of a Dwelling, Carjacking, Child Abuse or Aggravated Child Abuse, Domestic Violence, Extortion, Homicide, Home Invasion Robbery, Human Trafficking, Illegal Use of Explosives, Kidnapping, Lewd, Lascivious, or Indecent Assault or Act , Manslaughter, including DUI Manslaughter and BUI Manslaughter, Manufacturing Drugs, Robbery, Sexual Battery, Stalking and Aggravated Stalking, Terrorism, Trafficking in Drugs, Written Threats to Kill and so on.

Meaning, individuals accused of any 1st or 2nd degree felonies are possibly going to be spending a lot more time behind bars with out bail. If you currently have an open case and are arrested for anything even a traffic ticket you will be held for first appearance.