Category: Criminal Offenses · Statute: F.S. 843.15 · Source: Florida Legislature
Understanding Failure to Appear (FTA) Consequences in Florida
In Florida, a Failure to Appear (FTA) occurs when a defendant who has been released on bail, personal recognizance, or a summons willfully fails to show up for a required court proceeding. Under Florida Statute Section 843.15, an FTA is not merely a procedural misstep; it is a separate, distinct criminal offense. If the underlying charge is a felony, failing to appear is prosecuted as a third-degree felony, carrying penalties of up to five years in prison and a $5,000 fine. If the original charge is a misdemeanor, the FTA is treated as a first-degree misdemeanor, punishable by up to one year in county jail and a $1,000 fine.
When a defendant misses their court date, the presiding judge typically issues a bench warrant (capias) for their immediate arrest and orders the forfeiture of any posted bail bond. Additionally, under Florida law, the court can direct the Department of Highway Safety and Motor Vehicles to suspend the individual's driver's license. Because the statute requires the failure to be "willful," the state must prove the defendant had notice of the court date and intentionally chose not to attend, though courts generally presume notice if it was sent to the address of record.
How Failure to Appear Impacts Bail in Florida
An FTA conviction or history severely damages a defendant's prospects for pretrial release in future cases. Under Florida Statute Section 903.046, judges must evaluate a defendant's record of appearing at court proceedings when setting bail. A prior FTA signals to the court that the individual is a flight risk. Consequently, judges are highly likely to deny release on personal recognizance, impose significantly higher bond amounts, require supervised pretrial release, or deny bail altogether.