All proceedings in Division O are conducted in person. Because of the nature of our docket and hearings, we are not able to offer appearances by Zoom. If you cannot appear in person, please contact chambers by phone or email. We make every effort to accommodate attorneys, parties, victims, and witnesses, and we welcome inquiries.
OVERVIEW
Division O is a unique, hybrid criminal division. The division primarily handles first appearances and motions for pretrial detention brought under section 907.041 of the Florida Statutes and State v. Arthur, 390 So. 2d 717 (Fla. 1980). Also scheduled in Division O are other miscellaneous criminal issues arising in felony cases not yet or no longer assigned to a criminal trial division. These include motions to set or reduce bond, motions to modify contact and other conditions of release, non-adversarial probable cause hearings, adversary preliminary hearings, motions for return of property, motions for discharge, motions to withdraw a capias, and Hunter hearings seeking compelled disclosure of medical records for investigative purposes.
Administrative Order S-2024-030 governs the scope of Division O. Please review the order before setting a hearing. If you are unsure whether a matter should be set in Division O or the assigned criminal trial division, please contact chambers by phone or email.
WEEKDAY NON-HOLIDAY SCHEDULE
9:00 a.m. Motions for Pretrial Detention in Courtroom 13 (Monday, Tuesday, and Thursday).
1:30 p.m. First Appearances in Courtroom 17 (every day).
3:00 p.m. Fugitive, status, and motions dockets in Courtroom 17 (Monday, Tuesday, and Wednesday).
Please note that we cannot predict how long first appearances will take. If longer than 90 minutes, our 3:00 p.m. docket will start right after first appearances.
All proceedings are in person. Defendants in custody may appear via closed circuit television from the jails, but they are transported to the courthouse to appear in person for pretrial detention hearings and adversary preliminary hearings.
WEEKEND & HOLIDAY SCHEDULE
On weekends, court holidays, and days the courthouse is closed by order of the Chief Judge, the assigned duty judge handles first appearances as set by the ordinary weekend duty schedule:
10:00 a.m. Juvenile Detentions and Shelter Hearings in Courtroom 16.
11:00 a.m. First Appearances in Courtroom 17.
First appearances may start late if detentions and shelters last longer than an hour. For more information on weekend court and duty assignments, please see the court’s website here and here. Administrative Order A-2024-060 governs duty judge assignments and responsibilities.
PRETRIAL DETENTION HEARINGS
**Please note that Florida Rule of Criminal Procedure 3.132 governing pretrial detention was recently rewritten, with an effective date of May 1, 2025.
Division O hears all motions for pretrial detention filed under section 907.041 of the Florida Statutes and State v. Arthur, 390 So. 2d 717 (Fla. 1980). To accommodate the deadlines established by Rule 3.132(d), Rule 3.040, and section 907.041(5)(g), pretrial detention hearings are set on Monday, Tuesday, and Thursday at 9:00 a.m. in Courtroom 13. Notice of the hearing is given at first appearance. Because pretrial detention hearings are evidentiary, we do not allow counsel to appear by Zoom or telephone except in extraordinary and exigent situations. See Fla. R. Crim. P. 3.116(b), 3.116(d). Testimony may be presented using communication technology on a showing of good cause made by motion, with notice to the opposing party. See Fla. R. Crim. P. 3.132(j). Our courtroom is not currently set up to handle hybrid in-person and virtual hearings. Because anyone appearing virtually may be at a disadvantage, testimony using videoconference technology is discouraged.
If counsel, witnesses, or family are not available on the scheduled date, counsel should notify the judge at first appearance or immediately contact chambers. We try to be flexible and accommodate scheduling issues where possible—especially given the short statutory deadline.
Pretrial detentions that will last longer than one hour, including capital felonies and homicides, are often specially set in one of three criminal trial divisions. The parties and counsel will be notified when this occurs, and we will work with everyone to schedule appropriately.
Judge Murphy has written several orders on frequently occurring issues in pretrial detention hearings. Please contact chambers if you would like to review them.
FIRST APPEARANCES
Schedule. Except for weekends and court holidays, first appearances are held every day at 1:30 p.m. in Courtroom 17. Because defendants appear by closed circuit television from the county jails, and because first appearances are evidentiary proceedings, all attorneys and witnesses must appear in person. We cannot accommodate telephonic or video conference argument at first appearances.
First appearance dockets in Hillsborough County typically consist of 90 to 120 cases, though we sometimes have more. Because of the high volume, we typically take cases in the following order: (1) cases for which news media has appeared; (2) cases for defendants represented by private counsel; (3) cases that require the services of an interpreter; (4) cases for which an alleged victim appears and wishes to testify; and (5) all other cases in the order they appear on the docket. If you have a scheduling conflict or only a limited amount of time you can be present in court, please contact our office or notify the bailiff upon arriving. We do our best to accommodate schedules not only of private attorneys, but also of victims, family members, and friends who observe or participate.
Testimony of witnesses. Alleged victims may testify at any time. Family and friends may testify only if they are called as a witness by the State or the defense.
Proffering bond factors. Because of the high volume of cases, Judge Murphy typically permits counsel to proffer information relevant to statutory bond factors, unless there is a dispute of fact. See § 903.046(2). Defendants have a right, however, to present witnesses and evidence on bond factors, if necessary.
Statewide Uniform Bond Schedule. Please familiarize yourself with Administrative Order S-2024-083, which adopts the Statewide Uniform Bond Schedule and conforms first appearance procedures to section 903.011 of the Florida Statutes.
VOP and Failure to Appear Warrants. Under paragraph 3 of Administrative Order S-2024-083 and paragraph 12(B) of Administrative Order S-2024-062, Division O does not have authority to set bonds at first appearance on no-bond warrants issued for violations of probation and failures to appear. If the warrant was issued under exceptional or unusual circumstances, please bring it to Judge Murphy’s attention, and he will work with the assigned division or issuing judge to expedite proceedings.
Dockets. Defendants ordinarily appear on the next first appearance docket if they are booked at the jail before midnight. If they are booked after midnight in the early morning hours, they may appear on the next day’s first appearance docket. You are welcome to contact chambers to determine whether a particular defendant is on the first appearance docket.
MOTIONS
Motions and notices of hearing must be filed by 11:59 a.m. on the day before the hearing for the motion to be set on the docket. Please clear your hearing date and time with chambers (ppcourt@fljud13.org) before filing your notice of hearing. Except in emergent circumstances, motions or notices filed after noon on the day before the hearing will be stricken from the docket.
Before setting a motion for a hearing in Division O, please review Administrative Order S-2024-030 to determine whether the motion is one that may be set in Division O.
Bond Motions and Motions for Contact. For all felony cases not yet assigned to a division, Division O handles motions to reduce monetary bail, release on recognizance, and modify conditions of release. Under Administrative Order S-2024-062, a felony is usually assigned to a division when the information is filed. So, if an information has been filed before the date of the hearing, the motion must be heard in the assigned trial division. If the information is filed on the same day as the hearing, our practice is for Division O to handle the hearing to prevent unnecessary delay, unless the parties request otherwise or there is some compelling reason to leave the issue to the division. Under the governing administrative order, Division O does not have authority to act on bond and contact motions in misdemeanor cases.
Bond motions and motions for contact require evidentiary hearings. Witnesses must be present at the time of the hearing. Defendants who are in custody will appear via closed circuit television from the jails.
Good-Faith Conference. Under paragraph 12(A) of Administrative Order S-2024-062, defense counsel must contact the assistant state attorney assigned to the case or to Division O before a hearing to reduce bond. Counsel must then discuss whether a stipulation to reduce bond can be reached. If not, defense counsel may schedule a hearing.
Scheduling Hearings. Because of heavy first appearance dockets, motions are heard in Division O on Monday, Tuesday, and Wednesday afternoon at 3:00 p.m. Under paragraph 17(B) of Administrative Order S-2024-062, counsel must contact the judicial assistant (ppcourt@fljud13.org) to clear a hearing time before setting a hearing with the Clerk.
Lengthy Hearings. If you expect a motion hearing to last longer than 15 minutes, please contact chambers. We may reschedule your hearing for a morning docket, where we are better able to accommodate lengthy hearings.
Motions for Return of Property. Before scheduling a hearing on a motion for return of property, you must email a courtesy copy of your motion to chambers, the State Attorney, and the law enforcement agency holding the property. The Court will determine whether a hearing should be set, or whether the State and law enforcement agency must be given an opportunity to file a written response. See Bolden v. State, 875 So. 2d 780, 782 (Fla. 2d DCA 2004). You must confer with the State Attorney before filing a motion for return of property, because such motions are often unopposed.
PROFESSIONALISM
Judge Murphy expects the highest standards of professionalism, candor, and preparation in his courtroom. Any attorney or party displaying conduct unbecoming of the proceeding may be subject to sanctions.
A keystone of professionalism is active cooperation. In that spirit, Judge Murphy expects parties to actively discuss disputes before presenting them to the Court for a ruling. He also expects attorneys to expeditiously respond to inquiries and communications from opposing counsel and other parties. Not responding is not acceptable.
MISCELLANEOUS
Litigation by emailing chambers is absolutely prohibited. All relief must be sought by motion or stipulation. Any communications with chambers concerning substantive criminal matters will be immediately forwarded to all relevant parties and filed on the public docket.
Please note that this restriction does not apply to administrative matters, such as scheduling.
CONTACT
Please contact chambers at ppcourt@fljud13.org or 813.272.6841 if you have any questions. We maintain open lines of communication and are happy to help. With any message, please include your name, case number, and phone number, so that we can respond as soon as possible. Please remember that court staff cannot give legal advice or discuss orders, and emails must include all parties or they will be filed on the public docket as ex parte communications.