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Florida Rules of Criminal Procedure

3.125. Notice to Appear

(a) Definition. Unless indicated otherwise, notice to appear means a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

(b) By Arresting Officer. If a person is arrested for an offense declared to be a misdemeanor of the first or second degree or a violation, or is arrested for violation of a municipal or county ordinance triable in the county, and demand to be taken before a judge is not made, notice to appear may be issued by the arresting officer unless:

(1) the accused fails or refuses to sufficiently identify himself or herself or supply the required information;

(2) the accused refuses to sign the notice to appear;

(3) the officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others;

(4) the accused has no ties with the jurisdiction reasonably sufficient to assure the accused’s appearance or there is substantial risk that the accused will refuse to respond to the notice;

(5) the officer has any suspicion that the accused may be wanted in any jurisdiction; or

(6) it appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program.

(c) By Booking Officer. If the arresting officer does not issue notice to appear because of one of the exceptions listed in subdivision (b) and takes the accused to police headquarters, the booking officer may issue notice to appear if the officer determines that there is a likelihood that the accused will appear as directed, based on a reasonable investigation of the accused’s:

(1) residence and length of residence in the community;

(2) family ties in the community;

(3) employment record;

(4) character and mental condition;

(5) past record of convictions; or

(6) past history of appearance at court proceedings.

(d) How and When Served. If notice to appear is issued, it shall be prepared in quadruplicate. The officer shall deliver 1 copy of the notice to appear to the arrested person and the person, to secure release, shall give a written promise to appear in court by signing the 3 remaining copies: 1 to be retained by the officer and 2 to be filed with the clerk of the court. These 2 copies shall be sworn to by the arresting officer before a notary public or a deputy clerk. If notice to appear is issued under subdivision (b), the notice shall be issued immediately upon arrest. If notice to appear is issued under subdivision (c), the notice shall be issued immediately on completion of the investigation. The arresting officer or other duly authorized official then shall release from custody the person arrested.

(e) Copy to the Clerk of the Court. With the sworn notice to appear, the arresting officer shall file with the clerk a list of witnesses and their addresses and a list of tangible evidence in the cause. One copy shall be retained by the officer and 2 copies shall be filed with the clerk of the court.

(f) Copy to State Attorney. The clerk shall deliver 1 copy of the notice to appear and schedule of witnesses and evidence filed therewith to the state attorney.

(g) Contents. If notice to appear is issued, it shall contain the:

(1) name and address of the accused;

(2) date of offense;

(3) offense(s) charged — by statute and municipal ordinance if applicable;

(4) counts of each offense;

(5) time and place that the accused is to appear in court;

(6) name and address of the trial court having jurisdiction to try the offense(s) charged;

(7) name of the arresting officer;

(8) name(s) of any other person(s) charged at the same time; and

(9) signature of the accused.

(h) Failure to Appear. If a person signs a written notice to appear and fails to respond to the notice to appear, a warrant of arrest shall be issued under rule 3.121.

(i) Traffic Violations Excluded. Nothing contained herein shall prevent the operation of a traffic violations bureau, the issuance of citations for traffic violations, or any procedure under chapter 316, Florida Statutes.

(j) Rules and Regulations. Rules and regulations of procedure governing the exercise of authority to issue notices to appear shall be established by the chief judge of the circuit.

(k) Procedure by Court.

(1) When the accused appears before the court under the requirements of the notice to appear, the court shall advise the defendant as set forth in rule 3.130(b), and the provisions of that rule shall apply. The accused at such appearance may elect to waive the right to counsel and trial and enter a plea of guilty or nolo contendere by executing the waiver form contained on the notice to appear, and the court may enter judgment and sentence in the cause.

(2) In the event the defendant enters a plea of not guilty, the court may set the cause for jury or nonjury trial on the notice to appear under the provisions of rules 3.140 and 3.160. When the court sets a trial date by the court, the clerk shall, without further praecipe, issue witness subpoenas to the law enforcement officer who executed the notice to appear and to the witnesses whose names and addresses appear on the list filed by the officer, requiring their attendance at trial.

(l) Form of Notice to Appear and Schedule of Witnesses and Evidence. The notice to appear and schedule of witnesses and evidence shall be in substantially the following form:

IN THE COUNTY COURT,
IN AND FOR COUNTY, FLORIDA

NOTICE TO APPEAR

________________
Agency Case #

STATE OF FLORIDA, COUNTY OF

In the name of County, Florida: The undersigned certifies that he or she has just and reasonable grounds to believe, and does believe, that:

On .....(date)....., at ( )a.m. ( )p.m.

________________ _______________ __ _______________
Last Name First M.I. Aliases

_____________________ _____________________
Street—City and State Date and Place of Birth

__________ ______ ______ _______ _______ ______ ______
Phone Race/Sex Height Weight Hair Eyes Scars/Marks

_______________ ________________ ______________ ___________
Occupation Place of Employment Employment Phone

____________ ______________ _______ ______________
Complexion Driver’s License # Yr./St. Social Security #

at (location)______________

in County, Florida, committed the following offense(s):
(1) ____________ (2) _____________

in violation of

( ) State Statute
section(s): _____ : _____ ( ) Municipal Ord.

DID (Narrative):________________________
__________________________
__________________________
__________________________

______________ _______ ____________
Name of Officer ID Agency

[ ] Mandatory appearance in court,_________
Location

on .....(date)....., at ______ ( )a.m. ( )p.m.

[ ] You need not appear in court, but must comply with instructions on back.

CO-DEFENDANTS:

[ ] Cited
1. _________________ ________ ________________[ ] Jailed
Name DOB Address

[ ] Cited
2. _________________ ________ ________________[ ] Jailed
Name DOB Address

I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, I MAY BE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED.

____________________
Signature of Defendant

I swear the above and reverse and attached statements are true and correct to the best of my knowledge and belief.

___________________
Complainant

___________________
Agency or Department

Sworn to and subscribed before me on .....(date)......

___________________
Notary Public, State of Florida

[Editor’s Note: Jurat should include identification information required by F.S. 117.05(13).]

WAIVER INFORMATION

If you desire to plead guilty or nolo contendere (no contest) and you need not appear in court as indicated on the face of this notice, you may present this notice at the county court named on the reverse of this page.

From .....(date).....______, to .....(date).....______,
Hour Hour

and pay a fine of___________
dollars in cash, money order, or certified check.

The waiver below must be completed and attached.
Read carefully.

Your failure to answer this summons in the manner subscribed will result in a warrant being issued on a separate and additional charge.

“In consideration of my not appearing in court, I the undersigned, do hereby enter my appearance on the affidavit for the offense charged on the other side of this notice and waive the reading of the affidavit in the above named cause and the right to be present at the trial of said action. I hereby enter my plea of Guilty [ ] or Nolo Contendere [ ], and waive my right to prosecute appeal or error proceedings.

“I understand the nature of the charge against me; I understand my right to have counsel and waive this right and the right to a continuance. I waive my right to trial before a judge or jury. I plead Guilty [ ] or Nolo Contendere [ ] to the charge, being fully aware that my signature to this plea will have the same effect as a judgment of this court.”

Total Fine and Cost___________________________

Defendant Signature___________________________

Address___________________________

___________________________

___________________________

IN THE COUNTY COURT,
IN AND FOR COUNTY, FLORIDA

SCHEDULE OF WITNESSES AND
EVIDENCE FOR NOTICE TO APPEAR

____________________
Agency Case #

__________________________________
Last Name First M.I. Aliases

__________________________________
Address

.....(date of notice to appear).....
Offense(s): (1) _______________
(2) _______________
TANGIBLE EVIDENCE: (If none, write “None”)

Item: ____________________________
Obtained from (person and/or place): ______________
first received by: ________________________
given to: ____________________
WITNESSES: (If none, write “None”)

#1 Name: __________________
Res. Tel. No. ____________ Address: ___________________
Bus. Tel. No. ____________ Business: __________________
Testimony: ___________________________
______________________________

#2 Name: ________________
Res. Tel. No. ____________ Address: _________________
Bus. Tel. No. ____________ Business: ________________
Testimony: ___________________________
______________________________

#3 Name: ________________
Res. Tel. No. ____________ Address: _________________
Bus. Tel. No. ____________ Business: ________________
Testimony: ___________________________
______________________________

I certify that the foregoing is a complete list of witnesses and evidence known to me.

________________________
Investigating Officer

________________________
Agency

Committee Notes

1992 Amendment. The amendment deletes subdivision (k) and reletters subdivisions (l) and (m). The elimination of subdivision (k) will entitle individuals charged with criminal violations to the same discovery, without regard to the nature of the charging instrument. As amended, persons charged by way of a notice to appear can obtain the same discovery as persons charged by way of either an information or an indictment. In this regard the committee also has proposed amendments to rule 3.220(b)(1), (b)(2), (c)(1), and (h) (1) to change the reference from “indictment or information” to “charging document.”

 

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Florida Rules of Criminal Procedure
TABLE OF CONTENTS
I. SCOPE, PURPOSE, AND CONSTRUCTION
3.010. Scope
3.020. Purpose and Construction
3.025. State and Prosecuting Attorney Defined
II. GENERAL PROVISIONS
3.030. Service of Pleadings and Papers
3.040. Computation of Time
3.050. Enlargement of Time
3.060. Time for Service of Motions and Notice of Hearing
3.070. Additional Time after Service by Mail
3.080. Nonverification of Pleadings
3.090. Pleading Captions
3.111. Providing Counsel to Indigents
3.112. Minimum Standards for Attorneys in Capital Cases
3.115. Duties of State Attorney; Criminal Intake
III. PRELIMINARY PROCEEDINGS
3.120. Committing Judge
3.121. Arrest Warrant
3.125. Notice to Appear
3.130. First Appearance
3.131. Pretrial Release
3.132. Pretrial Detention
3.133. Pretrial Probable Cause Determinations and Adversary Preliminary Hearings
3.134. Time for Filing Formal Charges
3.140. Indictments; Informations
3.150. Joinder of Offenses and Defendants
3.151. Consolidation of Related Offenses
3.152. Severance of Offenses and Defendants
3.153. Timeliness of Defendants Motion; Waiver
IV. ARRAIGNMENT AND PLEAS
3.160. Arraignment
3.170. Pleas
3.171. Plea Discussions and Agreements
3.172. Acceptance of Guilty or Nolo Contendere Plea
3.180. Presence of Defendant
V. PRETRIAL MOTIONS AND DEFENSES
3.190. Pretrial Motions
3.191. Speedy Trial
3.192. Motions for Rehearing
3.200. Notice of Alibi
3.201. [Battered-Spouse Syndrome Defense]
3.202. Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial: Notice and Examination by State Expert
3.203. Defendants Mental Retardation as a Bar to Imposition of the Death Penalty
3.210. Incompetence to Proceed: Procedure for Raising the Issue
3.211. Competence to Proceed: Scope of Examination and Report
3.212. Competence to Proceed: Hearing and Disposition
3.213. Continuing Incompetency to Proceed, Except Incompetency to Proceed with Sentencing: Disposition
3.214. Incompentency to Proceed to Sentencing: Disposition
3.215. Effect of Adjudication of Incompetency to Proceed: Psychotropic Medication
3.216. Insanity at Time of Offense or Probation or Community Control Violation: Notice and Appointment of Experts
3.217. Judgment of Not Guilty by Reason of Insanity: Disposition of Defendant
3.218. Commitment of a Defendant Found Not Guilty by Reason of Insanity
3.219. Conditional Release
VI. DISCOVERY
3.220. Discovery
VII. SUBSTITUTION OF JUDGE
3.231. Substitution of Judge
VIII. CHANGE OF VENUE
3.240. Change of Venue
IX. THE TRIAL
3.250. Accused as Witness
3.251. Right to Trial by Jury
3.260. Waiver of Jury Trial
3.270. Number of Jurors
3.280. Alternate Jurors
3.281. List of Prospective Jurors
3.290. Challenge to Panel
3.300. Voir Dire Examination, Oath and Excusing of Member
3.310. Time for Challenge
3.315. Exercise of Challenges
3.320. Manner of Challenge
3.330. Determination of Challenge for Cause
3.340. Effect of Sustaining Challenge
3.350. Peremptory Challenges
3.360. Oath of Trial Jurors
3.361. Witness Attendance and Subpoenas
X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
3.370. Regulation and Separation of Jurors
3.371. Juror Questions of Witnesses
3.372. Juror Notebooks
3.380. Motion for Judgment of Acquittal
3.381. Final Arguments
3.390. Jury Instructions
3.391. Selection of Foreperson of Jury
3.400. Materials to the Jury Room
3.410. Jury to Review Evidence or for Additional Instructions
3.420. Recall of Jury for Additional Instructions
3.430. Jury not Recallable to Hear Additional Evidence
XI. THE VERDICT
3.440. Rendition of Verdict; Reception and Recording
3.450. Polling the Jury
3.451. Judicial Comment on Verdict
3.470. Proceedings on Sealing Verdict
3.490. Determination of Degree of Offense
3.500. Verdict of Guilty where more than one Count
3.505. Inconsistent Verdicts
3.510. Determination of Attempts and Lesser Included Offenses
3.520. Verdict in Case of Joint Defendants
3.530. Reconsideration of Ambiguous or Defective Verdict
3.540. When Verdict may be Rendered
3.550. Disposition of Defendant
3.560. Discharge of Jurors
3.570. Irregularity in Rendition, Reception and Recording of Verdict
3.575. Motion to Interview Juror
XII. POST-TRIAL MOTIONS
3.580. Court May Grant New Trial
3.590. Time for and Method of Making Motions; Procedure; Custody Pending Hearing
3.600. Grounds for New Trial
3.610. Motion for Arrest of Judgment; Grounds
3.620. When Evidence Sustains Only Conviction of Lesser Offense
3.630. Sentence Before or After Motion Filed
3.640. Effect of Granting New Trial
XIII. JUDGMENT
3.650. Judgment Defined
3.670. Rendition of Judgment
3.680. Judgment on Informal Verdict
3.690. Judgment of Not Guilty; Defendant Discharged and Sureties Exonerated
3.691. Post-Trial Release
3.692. Petition to Seal or Expunge
XIV. SENTENCE
3.700. Sentence Defined; Pronouncement and Entry; Sentencing Judge
3.701. Sentencing Guidelines
3.702. Sentencing Guidelines (1994)
3.703. Sentencing Guidelines (1994 as amended)
3.704. The Criminal Punishment Code
3.710. Presentence Report
3.711. Presentence Report: When Prepared
3.712. Presentence Report: Disclosure
3.713. Presentence Investigation Disclosure: Parties
3.720. Sentencing Hearing
3.721. Record of the Proceedings
3.730. Issuance of Capias when necessary to bring Defendant Before Court
3.750. Procedure when Pardon is Alleged as Cause for not Pronouncing Sentence
3.760. Procedure when Nonidentity is Alleged as Cause for not Pronouncing Sentence
3.770. Procedure when Pregnancy is Alleged as Cause for not Pronouncing Death Sentence
3.780. Sentencing Hearing for Capital Cases
3.790. Probation and Community Control
3.800. Correction, Reduction and Modification of Sentences
XV. EXECUTION OF SENTENCE
3.810. Commitment of Defendant; Duty of Sheriff
3.811. Insanity at Time of Execution: Capital Cases
3.812. Hearing on Insanity at Time of Execution: Capital Cases
3.820. Habeas Corpus
XVI. CRIMINAL CONTEMPT
3.830. Direct Criminal Contempt
3.840. Indirect Criminal Contempt
XVII. POSTCONVICTION RELIEF
3.850. Motion to Vacate, Set Aside or Correct Sentence
3.851. Collateral Relief After Death Sentence has been Imposed and Affirmed on Direct Appeal
3.852. Capital Postconviction Public Records Production
3.853. Motion for Postconviction DNA Testing
XVIII. FORMS
3.984. Application for Criminal Indigent Status
3.985. Standard Jury Instructions
3.9855. Juror Voir Dire Questionaire
3.986. Forms Related to Judgment and Sentence
3.987. Motion for Postconviction Relief
3.988. Sentencing Guidelines
3.989. Affidavit, Petition and Order to Expunge or Seal Forms
3.990(a). Sentencing Guidelines Scoresheet
3.990(b). Supplemental Sentencing Guidelines Scoresheet
3.991(a). Sentencing Guidelines Scoresheet (October 1, 1995)
3.991(b). Supplemental Sentencing Guidelines Scoresheet (October 1, 1995)
3.992(a). Criminal Punishment Code Scoresheet
3.992(b). Supplemental Criminal Punishment Code Scoresheet
3.993. Forms Related to Capital Postconviction Records Production
3.994. Order Certifying no Incarceration
3.995. Order of Revocation of Probation/Community Control
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
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Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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