Florida Senate - 2017                       CS for CS for SB 680
       
       
        
       By the Committees on Banking and Insurance; and Judiciary; and
       Senators Baxley and Garcia
       
       
       
       
       597-03356-17                                           2017680c2
    1                        A bill to be entitled                      
    2         An act relating to bail bonds; amending s. 903.045,
    3         F.S.; revising legislative intent concerning the
    4         obligations of a bail bond agent; revising the
    5         commitments and obligations of a bail bond agent;
    6         prohibiting a person or entity that charges a fee for
    7         facilitating the release of a defendant through the
    8         posting of a cash bond from using the term “bail” in
    9         advertisements and printed materials posted in a jail;
   10         requiring a certain disclaimer in such materials;
   11         deleting a provision relating to circumstances that
   12         constitute a breach by the bail bond agent; amending
   13         s. 903.26, F.S.; revising the circumstances under
   14         which a surety bond deposited as bail must be
   15         forfeited; revising the circumstances that require a
   16         forfeiture to be discharged; amending s. 903.28, F.S.;
   17         revising the amount of forfeiture to be remitted under
   18         specified conditions; amending s. 903.31, F.S.;
   19         specifying that certain provisions concerning
   20         cancellation of a bond do not apply if the bond is
   21         forfeited within a specified period after it has been
   22         posted; providing that an original appearance bond
   23         does not guarantee placement in a court-ordered
   24         program; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 903.045, Florida Statutes, is amended to
   29  read:
   30         903.045 Nature of criminal surety bail bonds.—It is the
   31  public policy of this state and the intent of the Legislature
   32  that a criminal surety bail bond, executed by a bail bond agent
   33  licensed pursuant to chapter 648 in connection with the pretrial
   34  or appellate release of a criminal defendant, shall be construed
   35  as a commitment by and an obligation upon the bail bond agent to
   36  ensure that the defendant appears at all subsequent criminal
   37  proceedings for which the surety bond is posted. A person not
   38  licensed under chapter 648, a corporation, company, or other
   39  entity that charges a fee to facilitate the release of an
   40  accused defendant from jail through the posting of a cash bond
   41  may not use the term “bail” in any advertisement for such
   42  services or in any of its printed materials posted in a jail,
   43  and any such materials must include a disclaimer stating that
   44  the service is not to facilitate a surety bail bond and
   45  otherwise fulfills all conditions of the bond. The failure of a
   46  defendant to appear at any subsequent criminal proceeding or the
   47  breach by the defendant of any other condition of the bond
   48  constitutes a breach by the bail bond agent of this commitment
   49  and obligation.
   50         Section 2. Subsections (2), (5), (7), and (8) of section
   51  903.26, Florida Statutes, are amended to read:
   52         903.26 Forfeiture of the bond; when and how directed;
   53  discharge; how and when made; effect of payment.—
   54         (2)(a) If there is a failure of the defendant to appear as
   55  required breach of the bond, the court shall declare the bond
   56  and any bonds or money deposited as bail forfeited. The clerk of
   57  the court shall mail or electronically transmit a notice to the
   58  surety agent and surety company within 5 days after the
   59  forfeiture. A certificate signed by the clerk of the court or
   60  the clerk’s designee, certifying that the notice required herein
   61  was mailed or electronically transmitted on a specified date and
   62  accompanied by a copy of the required notice, shall constitute
   63  sufficient proof that such mailing or electronic transmission
   64  was properly accomplished as indicated therein. If such mailing
   65  or electronic transmission was properly accomplished as
   66  evidenced by such certificate, the failure of the surety agent,
   67  of a company, or of a defendant to receive such notice shall not
   68  constitute a defense to such forfeiture and shall not be grounds
   69  for discharge, remission, reduction, set aside, or continuance
   70  of such forfeiture. The forfeiture shall be paid within 60 days
   71  after of the date the notice was mailed or electronically
   72  transmitted.
   73         (b) Failure of the defendant to appear at the time, date,
   74  and place of required appearance shall result in forfeiture of
   75  the bond. Such forfeiture shall be automatically entered by the
   76  clerk upon such failure to appear, and the clerk shall follow
   77  the procedures outlined in paragraph (a). However, the court may
   78  determine, in its discretion, in the interest of justice, that
   79  an appearance by the defendant on the same day as required does
   80  not warrant forfeiture of the bond; and the court may direct the
   81  clerk to set aside any such forfeiture which may have been
   82  entered. Any appearance by the defendant later than the required
   83  day constitutes forfeiture of the bond, and the court shall not
   84  preclude entry of such forfeiture by the clerk.
   85         (c) If there is a forfeiture breach of the bond, the clerk
   86  shall provide, upon request, a certified copy of the warrant or
   87  capias to the bail bond agent or surety company.
   88         (5) The court shall discharge a forfeiture within 60 days
   89  upon:
   90         (a) A determination that it was impossible for the
   91  defendant to appear as required or within 60 days after the date
   92  of the required appearance due to circumstances beyond the
   93  defendant’s control. The potential adverse economic consequences
   94  of appearing as required may shall not be considered as
   95  constituting a ground for such a determination;
   96         (b) A determination that, at the time of the required
   97  appearance or within 60 days after the date of the required
   98  appearance, the defendant was adjudicated insane and confined in
   99  an institution or hospital; or was confined in any county,
  100  state, federal, or immigration detention facility; was deported;
  101  or is deceased a jail or prison;
  102         (c) Surrender or arrest of the defendant at the time of the
  103  required appearance or within 60 days after the date of the
  104  required appearance in any county, state, or federal jail or
  105  prison and upon a hold being placed to return the defendant to
  106  the jurisdiction of the court if the delay has not thwarted the
  107  proper prosecution of the defendant. If the forfeiture has been
  108  before discharge, the court shall direct remission of the
  109  forfeiture. The court shall condition a discharge or remission
  110  on the payment of costs and the expenses incurred by an official
  111  in returning the defendant to the jurisdiction of the court; or
  112         (d)A determination that the state is unwilling to seek
  113  extradition of the fugitive defendant within 30 days after a
  114  request by the surety agent to do so, and contingent upon the
  115  surety agent’s consent to pay all costs and the expenses
  116  incurred by an official in returning the defendant to the
  117  jurisdiction of the court, up to the penal amount of the bond.
  118         (7) The payment by a surety of a forfeiture under the
  119  provisions of this law shall have the same effect on the bond as
  120  payment of a judgment.
  121         (8) If the defendant is arrested and returned to the county
  122  of jurisdiction of the court or has posted a new bond for the
  123  case at issue before prior to judgment, the clerk, upon
  124  affirmation by the sheriff or the chief correctional officer,
  125  shall, without further hearing or order of the court, discharge
  126  the forfeiture of the bond. However, if the surety agent fails
  127  to pay the costs and expenses incurred in returning the
  128  defendant to the county of jurisdiction, the clerk shall not
  129  discharge the forfeiture of the bond. If the surety agent and
  130  the sheriff fail to agree on the amount of said costs, then the
  131  court, after notice to the sheriff and the state attorney, shall
  132  determine the amount of the costs.
  133         Section 3. Subsections (2), (3), (4), (5), and (6) of
  134  section 903.28, Florida Statutes, are amended to read:
  135         903.28 Remission of forfeiture; conditions.—
  136         (2) If the defendant surrenders or is apprehended within 90
  137  days after forfeiture, the court, on motion at a hearing upon
  138  notice having been given to the clerk of the circuit court and
  139  the state attorney as required in subsection (8), shall direct
  140  remission of up to, but not more than, 100 percent of a
  141  forfeiture if the surety apprehended and surrendered the
  142  defendant or if the apprehension or surrender of the defendant
  143  was substantially procured or caused by the surety, or the
  144  surety has substantially attempted to procure or cause the
  145  apprehension or surrender of the defendant, and the delay has
  146  not thwarted the proper prosecution of the defendant. In
  147  addition, remission shall be granted when the surety did not
  148  substantially participate or attempt to participate in the
  149  apprehension or surrender of the defendant when the costs of
  150  returning the defendant to the jurisdiction of the court have
  151  been deducted from the remission and when the delay has not
  152  thwarted the proper prosecution of the defendant.
  153         (3) If the defendant surrenders or is apprehended within
  154  180 days after forfeiture, the court, on motion at a hearing
  155  upon notice having been given to the clerk of the circuit court
  156  and the state attorney as required in subsection (8), shall
  157  direct remission of up to, but not more than, 95 percent of a
  158  forfeiture if the surety apprehended and surrendered the
  159  defendant or if the apprehension or surrender of the defendant
  160  was substantially procured or caused by the surety, or the
  161  surety has substantially attempted to procure or cause the
  162  apprehension or surrender of the defendant, and the delay has
  163  not thwarted the proper prosecution of the defendant. In
  164  addition, remission shall be granted when the surety did not
  165  substantially participate or attempt to participate in the
  166  apprehension or surrender of the defendant when the costs of
  167  returning the defendant to the jurisdiction of the court have
  168  been deducted from the remission and when the delay has not
  169  thwarted the proper prosecution of the defendant.
  170         (4) If the defendant surrenders or is apprehended within
  171  270 days after forfeiture, the court, on motion at a hearing
  172  upon notice having been given to the clerk of the circuit court
  173  and the state attorney as required in subsection (8), shall
  174  direct remission of up to, but not more than, 90 percent of a
  175  forfeiture if the surety apprehended and surrendered the
  176  defendant or if the apprehension or surrender of the defendant
  177  was substantially procured or caused by the surety, or the
  178  surety has substantially attempted to procure or cause the
  179  apprehension or surrender of the defendant, and the delay has
  180  not thwarted the proper prosecution of the defendant. In
  181  addition, remission shall be granted when the surety did not
  182  substantially participate or attempt to participate in the
  183  apprehension or surrender of the defendant when the costs of
  184  returning the defendant to the jurisdiction of the court have
  185  been deducted from the remission and when the delay has not
  186  thwarted the proper prosecution of the defendant.
  187         (5) If the defendant surrenders or is apprehended within 1
  188  year after forfeiture, the court, on motion at a hearing upon
  189  notice having been given to the clerk of the circuit court and
  190  the state attorney as required in subsection (8), shall direct
  191  remission of up to, but not more than, 85 percent of a
  192  forfeiture if the surety apprehended and surrendered the
  193  defendant or if the apprehension or surrender of the defendant
  194  was substantially procured or caused by the surety, or the
  195  surety has substantially attempted to procure or cause the
  196  apprehension or surrender of the defendant, and the delay has
  197  not thwarted the proper prosecution of the defendant. In
  198  addition, remission shall be granted when the surety did not
  199  substantially participate or attempt to participate in the
  200  apprehension or surrender of the defendant when the costs of
  201  returning the defendant to the jurisdiction of the court have
  202  been deducted from the remission and when the delay has not
  203  thwarted the proper prosecution of the defendant.
  204         (6) If the defendant surrenders or is apprehended within 2
  205  years after forfeiture, the court, on motion at a hearing upon
  206  notice having been given to the clerk of the circuit court and
  207  the state attorney as required in subsection (8), shall direct
  208  remission of up to, but not more than, 50 percent of a
  209  forfeiture if the surety apprehended and surrendered the
  210  defendant or if the apprehension or surrender of the defendant
  211  was substantially procured or caused by the surety, or the
  212  surety has substantially attempted to procure or cause the
  213  apprehension or surrender of the defendant, and the delay has
  214  not thwarted the proper prosecution of the defendant. In
  215  addition, remission shall be granted when the surety did not
  216  substantially participate or attempt to participate in the
  217  apprehension or surrender of the defendant when the costs of
  218  returning the defendant to the jurisdiction of the court have
  219  been deducted from the remission and when the delay has not
  220  thwarted the proper prosecution of the defendant.
  221         Section 4. Section 903.31, Florida Statutes, is amended to
  222  read:
  223         903.31 Canceling the bond.—
  224         (1) Within 10 business days after the conditions of a bond
  225  have been satisfied or the forfeiture discharged or remitted,
  226  the court shall order the bond canceled and, if the surety has
  227  attached a certificate of cancellation to the original bond, the
  228  clerk of the court shall mail or electronically furnish an
  229  executed certificate of cancellation to the surety without cost.
  230  An adjudication of guilt or innocence or, an acquittal, if a
  231  period of 36 months has passed since the original bond was
  232  posted, or a withholding of an adjudication of guilt shall
  233  satisfy the conditions of the bond. The original appearance bond
  234  shall expire 36 months after such bond has been posted for the
  235  release of the defendant from custody. This subsection does not
  236  apply to cases in which a bond has been declared forfeited
  237  before the 36-month expiration.
  238         (2) The original appearance bond does not guarantee a
  239  deferred sentence; sentences, appearance during or after a
  240  presentence investigation;, appearance during or after appeals;,
  241  conduct during or appearance after admission to a pretrial
  242  intervention program; placement in a court-ordered program,
  243  including a residential mental health facility;, payment of
  244  fines;, or attendance at educational or rehabilitation
  245  facilities the court otherwise provides in the judgment. If the
  246  original appearance bond has been forfeited or revoked, the bond
  247  shall not be reinstated without approval from the surety on the
  248  original bond.
  249         (3) If In any case where no formal charges are have been
  250  brought against the defendant within 365 days after arrest, the
  251  court shall order the bond canceled unless good cause is shown
  252  by the state.
  253         Section 5. This act shall take effect July 1, 2017.