903.03
Jurisdiction of trial court to admit to bail; duties and responsibilities of Department of Corrections.
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903.03 Jurisdiction of trial court to admit to bail; duties and responsibilities of Department of Corrections.—
(1) After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, or information is filed, have jurisdiction to hear and decide all preliminary motions regarding bail and production or impounding of all articles, writings, moneys, or other exhibits expected to be used at the trial by either the state or the defendant.
(2)(a) The Department of Corrections shall have the authority on the request of a circuit court when a person charged with a noncapital crime or bailable offense is held, to make an investigation and report to the court, including:
1. The circumstances of the accused’s family, employment, financial resources, character, mental condition, and length of residence in the community;
2. The accused’s record of convictions, of appearance at court proceedings, of flight to avoid prosecution, or failure to appear at court proceedings; and
3. Other facts that may be needed to assist the court in its determination of the indigency of the accused and whether she or he should be released on her or his own recognizance.
(b) The court shall not be bound by the recommendations.
History.—s. 46, ch. 19554, 1939; CGL 1940 Supp. 8663(46); s. 1, ch. 67-151; s. 21, ch. 70-339; s. 1, ch. 70-439; s. 5, ch. 75-301; s. 13, ch. 77-120; s. 22, ch. 79-3; s. 1474, ch. 97-102; s. 30, ch. 2004-11.
Notes of Decisions
Cited in 9
cases, 1967–2019 · leading case: Campbell v. Johnson
Campbell v. Johnson (2009)
“See Fla. Stat. § 903.03 (1) (“[a]fter a person is held to answer by a trial court judge, the court .”
Robert Pugh and Nathaniel Henderson v. James Rainwater (1977)
“Fla.Stat. § 903.03(2)(a)(3) and (2)(b). In December 1972, the Florida Supreme Court adopted a comprehensive revision of its Rules of Criminal Procedure, effective February 1, 1973.”
Gossett v. Hanlon (1967)
“19), production and impoundment of evidence (F.S.A. §§ 903.03 and 925.04), the present mental state of the accused (F.”
Hlad v. State (1990)
“Stat. § 47.230 (1973); N.M.R. Evid. 303; Okla.”
King v. State (1981)
“He remained in jail awaiting trial until July 28, 1980, when he was released on his own recognizance pursuant to Section 903.03(1), Florida Statutes (1979).”
Schlosser v. Coleman (1993)
“Section 903.03(1) provides that county courts have the jurisdiction “to hear and decide all preliminary motions regarding bail____” Thus, the actions Plaintiff alleges Defendant Parker took fall within the judicial function as defined by the relevant state statutes.”
SHAVIS JOHNSON v. STATE OF FLORIDA (2019)
“” (emphasis supplied)); see also § 903.03(1), Fla. Stat. (2018) (“After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, or information is filed, have jurisdiction to hear and decide all…”
Schlosser v. Coleman (1993)
“Section 903.03(1) provides that county courts have the jurisdiction "to hear and decide all preliminary motions regarding bail.”
Metzler v. State (1970)
“Section 903.03(1), Fla.Stat, F.S.A. Gossett v.”
— 903.03(1) — 5 cases
King v. State (1981)
“He remained in jail awaiting trial until July 28, 1980, when he was released on his own recognizance pursuant to Section 903.03(1), Florida Statutes (1979).”
Schlosser v. Coleman (1993)
“Section 903.03(1) provides that county courts have the jurisdiction “to hear and decide all preliminary motions regarding bail____” Thus, the actions Plaintiff alleges Defendant Parker took fall within the judicial function as defined by the relevant state statutes.”
SHAVIS JOHNSON v. STATE OF FLORIDA (2019)
“” (emphasis supplied)); see also § 903.03(1), Fla. Stat. (2018) (“After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, or information is filed, have jurisdiction to hear and decide all…”
Schlosser v. Coleman (1993)
“Section 903.03(1) provides that county courts have the jurisdiction "to hear and decide all preliminary motions regarding bail.”
Metzler v. State (1970)
“Section 903.03(1), Fla.Stat, F.S.A. Gossett v.”
— 903.03(2)(a) — 1 case
King v. State (1981)
“He remained in jail awaiting trial until July 28, 1980, when he was released on his own recognizance pursuant to Section 903.03(1), Florida Statutes (1979).”
— 903.03(2)(a)(3) — 1 case
Robert Pugh and Nathaniel Henderson v. James Rainwater (1977)
“Fla.Stat. § 903.03(2)(a)(3) and (2)(b). In December 1972, the Florida Supreme Court adopted a comprehensive revision of its Rules of Criminal Procedure, effective February 1, 1973.”
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