The order for the commitment of the defendant shall recite generally the facts on which it is based and shall direct that the defendant be arrested by any official authorized to make arrests and that the defendant be committed to the official in whose custody he or she would be if he or she had not been given bail, to be detained by such official until legally discharged. The defendant shall be arrested pursuant to such order on a certified copy thereof, in any county, in the same manner as on a warrant of arrest. If the order provided for is made because of the failure of the defendant to appear for judgment, the defendant shall be committed. If the order is made for any other cause, the court may determine the conditions of release, if any.
Fla. R. Crim. P. 3.131
Amended effective January 1, 2019.
Committee Notes 1968 Adoption. (a) Same as section 903.01, Florida Statutes. (b) Same as section 903.04, Florida Statutes. (c) Same as section 903.02, Florida Statutes. (d) Same as section 903.12, Florida Statutes. (e) Substantially same as section 903.13, Florida Statutes. (f) Same as section 903.19, Florida Statutes. (g) Same as section 918.01, Florida Statutes. (h) Substantially same as section 903.23, Florida Statutes. (i) Same as section 903.24, Florida Statutes. (j) Same as section 903.25, Florida Statutes. (k) and (l) Formerly rule 3.150(c). These proposals contain the essentials of present sections 907.01, 907.02, and 901.09(3), Florida Statutes, a change of some of the terminology being warranted for purpose of clarity. (m) Formerly rule 3.150(c). This proposal contains all of the essentials of section 907.03, Florida Statutes, and that part of section 901.14, Florida Statutes, pertaining to postindictment or postinformation procedure. A charge by affidavit is provided. Although subdivision (g) is the same as section 918.01, Florida Statutes, its constitutionality was questioned by the subcommittee, constitutional right to bail and presumption of innocence. 1972 Amendment. Same as prior rule except (b), which is new. (k), (l), and (m) are taken from prior rule 3.150. 1977 Amendment. This proposal amends subdivision (b)(4) of the present rule [formerly rule 3.130(b)(4) ] to expand the forms of pretrial release available to the judge. The options are the same as those available under the federal rules without the presumption in favor of release on personal recognizance or unsecured appearance. This proposal leaves it to the sound discretion of the judge to determine the least onerous form of release which will still insure the defendant's appearance. It also sets forth the specific factors the judge should take into account in making this determination. 1983 Amendment. Rule 3.131(d) is intended to replace former rule 3.130(f) and therefore contemplates all subsequent modifications of bail including all increases or reductions of monetary bail or any other changes sought by the state or by the defendant. Court Comment 1977 Amendment. Subdivision (a) was repealed by Chapter 76-138, § 2, Laws of Florida, insofar as it was inconsistent with the provision of that statute. Subdivision (a) has been amended so as to comply with the legislative act.