WHEREAS, pursuant to Rule 3.131(b)(2), Florida Rules of Criminal Procedure, the judge presiding at a defendant’s First Appearance shall consider all available relevant factors to determine what form of release is necessary to assure the defendant’s appearance, and
WHEREAS, an administrative order which limited judges presiding at First Appearance hearings from modifying bonds in certain circumstances had previously been adopted, and
WHEREAS, the Florida Supreme Court in State v. Norris (768 So. 2d 1070) held that a defendant is entitled to an independent bail determination in front of the First Appearance judge after a consideration of all relevant factors;
NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that judges presiding at First Appearance hearings are to consider all relevant factors available to him/her in determining appropriate forms/conditions of release.
TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 30th day of June 2017.
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