Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1398
                                Barcode 439898                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RE            .                                
                  05/18/2011           .                                

       The Committee on Judiciary (Bogdanoff) recommended the
    1         Senate Amendment to Amendment (332504) (with title
    2  amendment)
    4         Delete line 254
    5  and insert:
    6         Section 25. Eligibility criteria for government-funded
    7  pretrial release.—
    8         (1) It is the policy of this state that only defendants who
    9  are indigent and therefore qualify for representation by the
   10  public defender are eligible for government-funded pretrial
   11  release. Further, it is the policy of this state that, to the
   12  greatest extent possible, the resources of the private sector be
   13  used to assist in the pretrial release of defendants. It is the
   14  intent of the Legislature that this section not be interpreted
   15  to limit the discretion of courts with respect to ordering
   16  reasonable conditions for pretrial release for any defendant.
   17  However, it is the intent of the Legislature that government
   18  funded pretrial release be ordered only as an alternative to
   19  release on a defendant’s own recognizance or release by the
   20  posting of a surety bond.
   21         (2) A pretrial release program established by an ordinance
   22  of the county commission, an administrative order of the court,
   23  or by any other means in order to assist in the release of
   24  defendants from pretrial custody is subject to the eligibility
   25  criteria set forth in this section. These eligibility criteria
   26  supersede and preempt all conflicting local ordinances, orders,
   27  or practices. Each pretrial release program shall certify
   28  annually, in writing, to the chief circuit court judge, that it
   29  has complied with the reporting requirements of s. 907.043(4),
   30  Florida Statutes.
   31         (3) A defendant is eligible to receive government-funded
   32  pretrial release only by order of the court after the court
   33  finds in writing upon consideration of the defendant’s affidavit
   34  of indigence that the defendant is indigent or partially
   35  indigent as set forth in Rule 3.111, Florida Rules of Criminal
   36  Procedure, and that the defendant has not previously failed to
   37  appear at any required court proceeding. A defendant may not
   38  receive a government-funded pretrial release if the defendant’s
   39  income is above 300 percent of the then-current federal poverty
   40  guidelines prescribed for the size of the household of the
   41  defendant by the United States Department of Health and Human
   42  Services, unless the defendant is receiving Temporary Assistance
   43  for Needy Families-Cash Assistance, poverty-related veterans’
   44  benefits, Supplemental Security Income (SSI), food stamps, or
   45  Medicaid.
   46         (4) If a defendant seeks to post a surety bond pursuant to
   47  a bond schedule established by administrative order as an
   48  alternative to government-funded pretrial release, the defendant
   49  shall be permitted to do so without any interference or
   50  restriction by a pretrial release program.
   51         (5) This section does not prohibit the court from:
   52         (a) Releasing a defendant on the defendant’s own
   53  recognizance.
   54         (b) Imposing upon the defendant any additional reasonable
   55  condition of release as part of release on the defendant’s own
   56  recognizance or the posting of a surety bond upon a finding of
   57  need in the interest of public safety, including, but not
   58  limited to, electronic monitoring, drug testing, substance abuse
   59  treatment, or attending a batterers’ intervention program.
   60         (6) In lieu of using a government-funded program to ensure
   61  the court appearance of any defendant, a county may reimburse a
   62  licensed surety agent for the premium costs of a surety bail
   63  bond that secures the appearance of an indigent defendant at all
   64  court proceedings if the court establishes a bail bond amount
   65  for the indigent defendant.
   66         (7) A defendant who is not otherwise eligible for
   67  government-funded pretrial release under subsection (3) is
   68  eligible for government-funded pretrial release 48 hours after
   69  the defendant’s arrest.
   70         (8) The income eligibility limitations applicable to
   71  government-funded pretrial release programs apply only to those
   72  counties with a population equal to or greater than 350,000
   73  persons.
   74         (9) This section does not prohibit a law enforcement
   75  officer or a code enforcement officer authorized under s.
   76  162.23, Florida Statutes, from issuing a notice to appear in
   77  lieu of jail.
   78         Section 26. (1) Sections 1 through 24 of this act shall
   79  take effect January 1, 2012.
   80         (2) Section 25 of this act pertaining to government-funded
   81  pretrial release shall take effect October 1, 2011.
   82         Section 27. Except as otherwise expressly provided in this
   83  act, this act shall take effect October 1, 2011.
   85  ================= T I T L E  A M E N D M E N T ================
   86         And the title is amended as follows:
   87         Delete lines 323 - 324
   88  and insert:
   89         provisions to changes made by the act; providing state
   90         policy and legislative intent; requiring each pretrial
   91         release program established by ordinance of a county
   92         commission, by administrative order of a court, or by
   93         any other means in order to assist in the release of a
   94         defendant from pretrial custody to conform to the
   95         eligibility criteria set forth in the act; preempting
   96         any conflicting local ordinances, orders, or
   97         practices; requiring that the defendant satisfy
   98         certain eligibility criteria in order to be assigned
   99         to a pretrial release program; providing that the act
  100         does not prohibit a court from releasing a defendant
  101         on the defendant’s own recognizance or imposing any
  102         other reasonable condition of release on the
  103         defendant; authorizing a county to reimburse a
  104         licensed surety agent for the premium costs of a bail
  105         bond for the pretrial release of an indigent defendant
  106         under certain circumstances; providing that a
  107         defendant who is not otherwise eligible for
  108         government-funded pretrial release becomes eligible
  109         for government-funded pretrial release 48 hours after
  110         the defendant’s arrest; providing that the income
  111         eligibility limitations applicable to government
  112         funded pretrial release programs apply only to certain
  113         specified counties; providing that the act does not
  114         prohibit a law enforcement officer or a code
  115         enforcement officer from issuing a notice to appear in
  116         certain conditions; providing effective dates.