Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 76

212900

CHAMBER ACTION

Senate

Comm: RCS

2/20/2008

.

.

.

.

.

House



1

The Committee on Criminal Justice (Aronberg) recommended the

2

following amendment to amendment (242012):

3

4

     Senate Amendment (with title amendment)

5

     Between lines 1219 and 1220

6

insert:

7

8

     Section 23.  Subsection (3) is added to section 948.03,  

9

Florida Statutes, to read:

10

     (3) As a condition of an order sentencing a person to

11

probation, community control, or any other court-ordered

12

community supervision, and subject to the ability of the person

13

to pay post-judgment obligations, the court may order the

14

posting of a surety bond to secure the appearance of the person

15

at any subsequent court proceeding. The surety bond must be

16

filed by a bail agent with the sheriff who shall provide a copy

17

to the clerk of the court. Upon written notice by the court or

18

the clerk of the court, the bail agent shall produce the person

19

to the court. The bail agent shall surrender the person to the

20

sheriff after the bail agent receives a written notice, e-mail,

21

or fax notice from the probation officer that the person has

22

violated the terms of probation, community control, or court-

23

ordered community supervision. If the bail agent does not

24

surrender the person to the sheriff after receiving notice from

25

the probation officer or does not produce the person in court at

26

the time noticed by the court or the clerk of court, the bond

27

shall be forfeited in accordance with ch. 903 and ch. 648.

28

Failure to appear shall be the sole grounds for forfeiture of

29

the appearance bond. If not inconsistent with this subsection,

30

ch. 904 and ch. 648 shall regulate the relationship between the

31

parties to the bond.

32

33

Redesignate subsequent sections.

34

35

================ T I T L E  A M E N D M E N T ================

36

And the title is amended as follows:

37

     On line 1948, after the second semi-colon, insert:

38

39

amending s. 948.03, F.S.; providing that the court may

40

order the posting of a surety bond to secure the

41

appearance of the person on probation, community control,

42

or any other court-ordered community supervision at any

43

subsequent court proceeding; requiring the bail agent to

44

surrender the person to the sheriff after receiving

45

written notice, e-mail, or fax notice from the probation

46

officer that the person has violated the terms of

47

probation, community control, or court-ordered community

48

supervision; providing that if the bail agent does not

49

surrender the person to the sheriff after receiving notice

50

from the probation officer or does not produce the person

51

in court at the time noticed by the court or the clerk of

52

court, the surety bond will be estreated and forfeited;

2/19/2008  8:18:00 AM     591-04148A-08

CODING: Words stricken are deletions; words underlined are additions.