The court for the Fifteenth Judicial Circuit in Palm Beach County has approved an Administrative Order 4.202-5/14 for the schedule of bonds and procedures related to being released on bond prior to the first appearance hearing. The administrative order was signed on May 12, 2014, by the Chief Judge in chambers in the courthouse in West Palm Beach, Palm Beach County, FL.
In the administrative hearing the Fifteenth Judicial Circuit has established a system for the release of persons accused of crimes on bond prior to the ?rst appearance hearing. It is necessary to establish a uniform schedule to designate those offenses eligible for bond release prior to ?rst appearance and the amount of such bond.
Pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, the administrative order provides a list of crimes not eligible for bond prior to the first appearance.
Contact an experienced criminal defense attorney in West Palm Beach if you are charged with a crime or have an outstanding warrant in Palm Beach County. Our attorneys represent clients at all of the criminal courhouses in Palm Beach County including the four regional courthouses – Northern Region in Palm Beach Gardens, Southern Region in Delray Beach, the Western Region in Belle Glade in the Central Region in West Palm Beach.
Call (561) 557-8686 to discuss your case with an experienced criminal defense attorney at Meltzer & Bell, P.A..
Crimes are Eligible for Bond Prior to First Appearance
Many serious felony criminal offenses and all criminal offenses involving domestic violence are not be eligible for release on bond prior to a ?rst appearance hearing, unless otherwise speci?ed.
If the criminal charge is not listed on the offense ineligible for release prior to first apparent, then the person arrested is eligible for bond release prior to ?rst appearance according to the following schedule and provisions:
A. FELONIES:
1. OFFENSES AND BOND AMOUNT:
FIRST—DEGREE FELONIES
Palm Beach County Resident $15,000.00
Florida Resident, Not Palm Beach County $20,000.00
Out-of—State Resident $25,000.00
SECOND—DEGREE FELONIES
Palm Beach County Residents $5,000.00
Florida Resident, Not Palm Beach County $7,500.00
Out-of—State Resident $10,000.00
THIRD-DEGREE FELONIES –
Palm Beach County Resident $3,000.00
Florida Resident, Not Palm Beach County $ 4,500.00
Out-of—State Resident $ 5,000.00
Provisions Relating to Felony Bonds in Palm Beach County, FL
The amount of bond is increased by $10,000.00 in each category when the individual is arrested outside the State of Florida.
If a person is currently on bond or on personal recognizance release for a felony, a ?rst—degree misdemeanor or the crime of Driving While Impaired, the arrestee shall not be eligible for a bond under this schedule. Rather, the arrestee shall be held and brought before a judge at the next ?rst appearance hearing.
If a person is currently on bond for a second-degree misdemeanor, the bond specified in this order or in administrative order 10.001-1/95 shall be doubled. In the event the person is on a personal recognizance release, the bond shall be set at $250.00 per charge.
Effective October 1, 2006, a separate and speci?c bond shall be set for each charge or offense. A separate and speci?c bond shall be set for each charge or offense.
Provisions Relating to Misdemeanor Bonds in Palm Beach County, FL
The administrative order contains special provisions for misdemeanors, traffic crimes and violations of municipal and county ordinances.
FIRST-DEGREE STALKING MISDEMEANORS
Palm Beach County Permanent Resident $ 500.00
Florida Resident, Not Palm Beach County $ 750.00
Out—of-State Resident $ 1,000.00
Bond for Prostitution Crimes in Palm Beach County, FL
The administrative order in Palm Beach County has a special provision for certain crimes involving prostitution under §796.07 of the Florida Statutes such as loitering in relation to prostitution, prostitution, attempting to hire or hiring a prostitute. The standard bond schedule for those offenses includes the following provisions:
Palm Beach County Permanent Resident $ 250.00
Adjoining County PerManent Resident $ 250.00 (Broward, Okeechobee, Hendry or Martin counties).
Florida Resident Not Palm Beach County or Adjoining County $ 500.00
Out—of—State Resident $ 500.00
REFUSAL TO SIGN NOTICE TO APPEAR, TRAFFIC CITATION
Palm Beach County Permanent Resident O.R.
Adjoining County Permanent Resident O.R.(Broward, Okeechobee, Hendry or Martin Counties)
Florida Resident Not Palm Beach County or Adjoining County O.R.
Out-of—State Resident O.R.
HAS AN OUTSTANDING Failre to Appear (FTA) ON A CRIMINAL CHARGE
Palm Beach County Permanent Resident $250.00
Adjoining County Permanent Resident $250.00 (Broward Okeechobee, Hendry or Martin Counties)
Florida Resident Not Palm Beach County or Adjoining County $500.00
Out- of- State Resident $500.00
Other First Degree Misdemeanors in Palm Beach County, FL
The administrative order has a special provision for other first degree misdemeanors and their equivalent ordinance violations such as DUI, UBA, or offenses carrying a minimum mandatory jail sentence.
Palm Beach County Permanent Resident O.R.
Adjoining County Permanent Resident O.R. (Broward, Okeechobee, Hendry or Martin Counties)
Florida Resident, Not Palm Beach County or Adjoining County O.R.
Out—of—State Resident O.R.
Other Second Degree Misdemeanors in Palm Beach County, FL
The administrative order has a special provision for other second degree misdemeanors and their equivalent ordinance violations such as reckless driving. Those provisions include:
Palm Beach County Permanent Resident O.R.
Adjoining County Permanent Resident O.R. (Broward, Okeechobee, Hendry or Martin Counties)
Florida Resident, Not Palm Beach County or Adjoining County O.R.
Out-of-State Resident O.R.
TRAFFIC CRIME OF NO REGISTRATION
Palm Beach County Permanent Resident O.R.
Adjoining County Permanent Resident O.R. (Broward, Okeechobee, Hendry or Martin Counties)
Florida Resident, Not Palm Beach County or Adjoining County O.R.
Out-of—State Resident O.R.
Special Provisions for Misdemeanor Bonds
The administrative order has certain provisions relating to bonds for misdemeanors, traffic crimes and violations of municipal and county ordinances.
The above bond schedule shall be utilized by the booking desk of the Palm Beach County Jail. A permanent resident of Palm Beach, Broward, Okeechobee, Hendry or Martin County is de?ned as a person who can provide proof of a current permanent address in one of these counties. A post of?ce box alone will not suf?ce.
In all cases where a defendant is arrested for misdemeanor assault or battery upon a spouse, ex-spouse, boyfriend, girlfriend, ex—boyfriend or ex-girlfriend, no bond shall be available prior to the ?rst appearance hearing.
Defendants with Existing Bonds
If a person is currently on bond or is on personal recognizance release for a felony, a ?rst—degree misdemeanor, second-degree misdemeanor or the crime of driving while impaired, the arrestee shall not be eligible for a bond under this schedule. Rather, the arrestee shall be held and brought before a judge at the next ?rst—appearance hearing as set forth above.
Special Provisions Related to a Prior Failure to Appear in Court
Pursuant to Section 903.046(d), Florida Statutes (2007), any defendant who failed to appear on the day of any required court proceeding in the case at issue and who was later arrested shall not be eligible for a recognizance bond or for any form of bond which does not require a monetary undertaking or commitment equal to or greater than $2,000.00 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater.
Notwithstanding anything in this paragraph, the court has discretion in determining conditions of release if the defendant proves circumstances beyond his or her control for the failure to appear.
Effective October I, 2006 a separate and speci?c bond shall be set for each charge or offense.
Release to Electronic Monitoring
Should no prohibition be stated by the first appearance judge, the Palm Beach County Sheriff’s Of?ce shall have the discretion, subject to its own standards and guidelines, to release a defendant who remains in the Sheriff’s custody after ten (10) consecutive days and whose total bond amount for all pending charges is $3,000.00 or less, to the Sheriff’s Electronic Monitoring Program.
The Sheriff’s Of?ce shall also have the discretion to waive all or part of the cost of the program in those circumstances the Sheriff’s Of?ce deems appropriate. Should the presiding ?rst appearance judge object to the defendant’s release to the Sheriff’s Of?ce electronic monitoring program, the objection shall be noted by the Clerk of Court and the defendant may not be released into the Sheriff’s Of?ce electronic monitoring program without further court order. Nothing contained herein eliminates or modi?es the Court’s authority to address these issues in a separate proceeding at the request of either party.
Bond Provisions at First Appearance
When an accused is brought to a ?rst appearance hearing, all proceedings are governed by Crim. Rule 3.131 and the bonds for pre—?rst appearance release under this administrative order shall cease to be effective.
This article was last updated on Friday, October 14, 2016.
