Florida Senate - 2024                                    SB 1542
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00449A-24                                          20241542__
    1                        A bill to be entitled                      
    2         An act relating to bail bonds; amending s. 903.011,
    3         F.S.; revising the monetary requirements for pretrial
    4         release to include cash bail bonds; amending s.
    5         903.045, F.S.; deleting surety bail bonds for criminal
    6         offenses; authorizing residents of this state to
    7         execute bail bonds; revising the obligation of
    8         defendants to appear at all criminal proceedings to
    9         include residents of this state if they execute such
   10         bail bonds; amending s. 903.046, F.S.; deleting all
   11         surety commitments related to bail bonds; deleting the
   12         court’s discretion related to a defendant’s conditions
   13         of release; making technical changes; amending s.
   14         903.0471, F.S.; requiring posted bonds to be
   15         discharged by the clerk of the court without further
   16         order of the court if a defendant is found to have
   17         violated a condition of pretrial release; repealing s.
   18         903.08, F.S., relating to sufficiency of surety bail
   19         bonds; amending s. 903.09, F.S.; requiring certain
   20         sureties to post bail equal to the bond amount;
   21         prohibiting one bail posting to be used for multiple
   22         bonds; deleting a requirement that a surety execute an
   23         affidavit stating she or he possesses the remaining
   24         funds or assets to post the remainder of the surety
   25         bond; amending s. 903.101, F.S.; conforming a
   26         provision to changes made by the act; amending s.
   27         903.16, F.S.; requiring, rather than authorizing, a
   28         defendant, or a person acting on the defendant’s
   29         behalf, to deposit bail money of an amount equal to
   30         the bail amount set by the court; requiring the
   31         official receiving the deposit to issue a receipt for
   32         it in the name of the defendant; requiring, rather
   33         than authorizing, certain officials to remit only
   34         money, rather than money or bonds, to the clerk to be
   35         held for a certain timeframe; deleting the clerk’s
   36         presumed consent to sell bonds deposited as bail after
   37         forfeiture of the bonds; repealing s. 903.17, F.S.,
   38         relating to the substitution of cash bail for other
   39         bail; amending ss. 903.18 and 903.20, F.S.; making
   40         technical changes; amending s. 903.21, F.S.; requiring
   41         the clerk to discharge a bond under certain
   42         conditions; making technical changes; amending s.
   43         903.26, F.S.; requiring, rather than authorizing,
   44         notice to the surety to be electronically transmitted
   45         in a certain manner; requiring the clerk of the court
   46         to electronically transmit to certain persons notice
   47         of bond forfeiture; requiring such notice to include
   48         certain information; deleting a requirement that
   49         municipal officials having custody of the forfeited
   50         money must deposit the money in a designated municipal
   51         fund; deleting certain requirements of the clerk of
   52         the court when a bond is forfeited; revising the
   53         state’s time to respond to seek extradition of a
   54         fugitive defendant after receiving written notice from
   55         the surety agent or bail agency; creating a
   56         presumption that the state is unwilling to seek
   57         extradition of a fugitive defendant if the state does
   58         not respond in writing within a specified timeframe;
   59         providing that such unresponsiveness may be admitted
   60         as evidence in extradition proceedings; requiring the
   61         state to enter a defendant into the National Crime
   62         Information Center database for the National Law
   63         Enforcement Telecommunications System region or
   64         regions within a specified timeframe if the state is
   65         willing to extradite a fugitive defendant; prohibiting
   66         the clerk, under certain circumstances, from
   67         discharging certain costs and expenses incurred in
   68         returning the defendant to the jurisdiction of the
   69         court; requiring the clerk to discharge the forfeiture
   70         and issue notice of the discharge to the surety;
   71         requiring remission of payment to be granted pursuant
   72         to certain motions if the disposition of the case
   73         occurs after payment of a forfeiture or judgment;
   74         prohibiting the clerk from objecting to any motions to
   75         set aside a forfeiture, discharge a bond, or reinstate
   76         bond if the time for payment or discharge of a
   77         forfeiture has not elapsed; making technical changes;
   78         amending s. 903.27, F.S.; conforming provisions to
   79         changes made by the act; deleting obsolete language;
   80         making technical changes; amending s. 903.28, F.S.;
   81         revising the timeframe for an applicant seeking
   82         remission of a bond forfeiture if the application has
   83         been filed and the required notice is transmitted;
   84         providing requirements for applying for remission;
   85         revising the timeframe for remission for a defendant
   86         who surrenders or is deceased, deported, or
   87         apprehended after forfeiture; requiring the court to
   88         direct remission of the forfeited bond if the
   89         defendant surrenders, is deceased, is deported, or is
   90         apprehended within a specified timeframe or if the
   91         surety apprehends and surrenders or assists in the
   92         apprehension and surrender of a defendant; revising
   93         the remission schedule if the defendant is brought
   94         before the court within certain timeframes after
   95         forfeiture; requiring the court to remit 100 percent
   96         of the forfeiture if the state is unwilling to seek
   97         extradition or fails to place a detainer on a
   98         defendant in custody outside the jurisdiction;
   99         requiring that certain timeframes be tolled when a
  100         defendant is held outside the 50 states of the United
  101         States if the state is willing to extradite the
  102         defendant and the surety agent or surety company
  103         consents to pay all costs and expenses incurred by an
  104         official in returning the defendant to the
  105         jurisdiction of the court; requiring, rather than
  106         authorizing, the court to order remission of
  107         forfeiture if the surety can show proof of attempts
  108         made by the surety to apprehend the defendant or
  109         surrender him or her back to the jurisdiction of the
  110         court; revising the time to deliver notice to the
  111         clerk of the circuit court and the state attorney
  112         before a hearing on an application for remission;
  113         authorizing the clerk to charge interest for the
  114         remission of forfeiture; establishing the due date for
  115         remission; amending s. 903.29, F.S.; revising the
  116         timeframe within which a surety may arrest a principal
  117         to bring him or her to the official in whose custody
  118         the principal should be; amending s. 903.31, F.S.;
  119         requiring the clerk to discharge a bond if the case
  120         the bond is under has been resolved within a specified
  121         timeframe; revising the exceptions to exclude cases in
  122         which a forfeiture was set aside or reinstated by the
  123         court or a new bond was posted; providing that an
  124         original appearance bond is not a guarantee for a
  125         sentencing deferral; making technical changes;
  126         amending s. 924.065, F.S.; deleting the requirement
  127         that an appellant retain at least two sureties for a
  128         supersedeas bond; deleting conditions placed on
  129         supersedeas bonds; amending s. 951.26, F.S.; adding a
  130         licensed bail agent to the membership of public safety
  131         coordinating councils; reenacting s. 903.36(4), F.S.,
  132         relating to guaranteed arrest bond certificates as
  133         cash bail, to incorporate the amendment made to s.
  134         903.045, F.S., in a reference thereto; reenacting ss.
  135         903.047(1)(c) and 907.041(5)(c) and (d), F.S.,
  136         relating to conditions of pretrial release and
  137         pretrial detention and release, respectively , to
  138         incorporate the amendment made to s. 903.046, F.S., in
  139         references thereto; reenacting s. 903.286, F.S.,
  140         relating to the return of cash bonds and requirements
  141         to withhold unpaid fines, fees, and court costs, to
  142         incorporate the amendments made to ss. 903.09 and
  143         903.31, F.S., in references thereto; reenacting s.
  144         924.14, F.S., relating to stays of execution when a
  145         defendant appeals, to incorporate the amendment made
  146         in s. 924.065, F.S., in a reference thereto;
  147         reenacting ss. 394.657(1) and (3)(a), 921.187(1)(p),
  148         and 948.51(2), F.S., relating to county planning
  149         councils or committees, disposition and sentencing
  150         alternatives, and community corrections assistance to
  151         counties or county consortiums, respectively, to
  152         incorporate the amendment made to s. 951.26, F.S., in
  153         references thereto; providing an effective date.
  154          
  155  Be It Enacted by the Legislature of the State of Florida:
  156  
  157         Section 1. Subsection (2) of section 903.011, Florida
  158  Statutes, is amended, and subsection (6) of that section is
  159  republished, to read:
  160         903.011 Pretrial release; general terms; statewide uniform
  161  bond schedule.—
  162         (2) Any monetary or cash component of any form of pretrial
  163  release must may be met by a surety bond or cash bond.
  164         (6) A person may not be released before his or her first
  165  appearance hearing or bail determination and a judge must
  166  determine the appropriate bail, if any, based on an
  167  individualized consideration of the criteria in s. 903.046(2),
  168  if the person meets any of the following criteria:
  169         (a) The person was, at the time of arrest for any felony,
  170  on pretrial release, probation, or community control in this
  171  state or any other state;
  172         (b) The person was, at the time of arrest, designated as a
  173  sexual offender or sexual predator in this state or any other
  174  state;
  175         (c) The person was arrested for violating a protective
  176  injunction;
  177         (d) The person was, at the time of arrest, on release from
  178  supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
  179  944.4731;
  180         (e) The person has, at any time before the current arrest,
  181  been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
  182  prison releasee reoffender, habitual violent felony offender,
  183  three-time violent felony offender, or violent career criminal;
  184         (f) The person has been arrested three or more times in the
  185  6 months immediately preceding his or her arrest for the current
  186  offense; or
  187         (g) The person’s current offense of arrest is for one or
  188  more of the following crimes:
  189         1. A capital felony, life felony, felony of the first
  190  degree, or felony of the second degree;
  191         2. A homicide under chapter 782; or any attempt,
  192  solicitation, or conspiracy to commit a homicide;
  193         3. Assault in furtherance of a riot or an aggravated riot;
  194  felony battery; domestic battery by strangulation; domestic
  195  violence, as defined in s. 741.28; stalking; mob intimidation;
  196  assault or battery on a law enforcement officer; assault or
  197  battery on juvenile probation officer, or other staff of a
  198  detention center or commitment facility, or a staff member of a
  199  commitment facility, or health services personnel; assault or
  200  battery on a person 65 years of age or older; robbery; burglary;
  201  carjacking; or resisting an officer with violence;
  202         4. Kidnapping, false imprisonment, human trafficking, or
  203  human smuggling;
  204         5. Possession of a firearm or ammunition by a felon,
  205  violent career criminal, or person subject to an injunction
  206  against committing acts of domestic violence, stalking, or
  207  cyberstalking;
  208         6. Sexual battery; indecent, lewd, or lascivious touching;
  209  exposure of sexual organs; incest; luring or enticing a child;
  210  or child pornography;
  211         7. Abuse, neglect, or exploitation of an elderly person or
  212  disabled adult;
  213         8. Child abuse or aggravated child abuse;
  214         9. Arson; riot, aggravated riot, inciting a riot, or
  215  aggravated inciting a riot; or a burglary or theft during a
  216  riot;
  217         10. Escape; tampering or retaliating against a witness,
  218  victim, or informant; destruction of evidence; or tampering with
  219  a jury;
  220         11. Any offense committed for the purpose of benefiting,
  221  promoting, or furthering the interests of a criminal gang;
  222         12. Trafficking in a controlled substance, including
  223  conspiracy to engage in trafficking in a controlled substance;
  224         13. Racketeering; or
  225         14. Failure to appear at required court proceedings while
  226  on bail.
  227         Section 2. Section 903.045, Florida Statutes, is amended to
  228  read:
  229         903.045 Nature of criminal surety bail bonds.—It is the
  230  public policy of this state and the intent of the Legislature
  231  that a criminal surety bail bond, executed by a bail bond agent
  232  licensed pursuant to chapter 648 or by a resident of this state,
  233  in connection with the pretrial or appellate release of a
  234  criminal defendant, shall be construed as a commitment by and an
  235  obligation upon the bail bond agent or the resident of this
  236  state to ensure that the defendant appears at all criminal
  237  proceedings for which the surety bond is posted.
  238         Section 3. Paragraph (d) of subsection (2) of section
  239  903.046, Florida Statutes, is amended to read:
  240         903.046 Purpose of and criteria for bail determination.—
  241         (2) When determining whether to release a defendant on bail
  242  or other conditions, and what that bail or those conditions may
  243  be, the court shall consider:
  244         (d) The defendant’s past and present conduct, including any
  245  record of convictions, previous flight to avoid prosecution, or
  246  failure to appear at court proceedings. However, any defendant
  247  who had failed to appear on the day of any required court
  248  proceeding in the case at issue, but who had later voluntarily
  249  appeared or surrendered, shall not be eligible for a
  250  recognizance bond; and any defendant who failed to appear on the
  251  day of any required court proceeding in the case at issue and
  252  who was later arrested shall not be eligible for a recognizance
  253  bond or for any form of bond which does not require a monetary
  254  undertaking or commitment equal to or greater than $2,000 or
  255  twice the value of the monetary commitment or undertaking of the
  256  original bond, whichever is greater. Notwithstanding anything in
  257  this section, the court has discretion in determining conditions
  258  of release if the defendant proves circumstances beyond his or
  259  her control for the failure to appear. This section may not be
  260  construed as imposing additional duties or obligations on a
  261  governmental entity related to monetary bonds.
  262         Section 4. Section 903.0471, Florida Statutes, is amended
  263  to read:
  264         903.0471 Violation of condition of pretrial release.
  265  Notwithstanding s. 907.041, a court may, on its own motion,
  266  revoke pretrial release and order pretrial detention if the
  267  court finds probable cause to believe that the defendant
  268  committed a new crime while on pretrial release or violated any
  269  other condition of pretrial release in a material respect. Upon
  270  entry of such revocation or detention, any bond previously
  271  posted as a condition of pretrial release shall be discharged by
  272  the clerk of the court without further order of the court.
  273         Section 5. Section 903.08, Florida Statutes, is repealed.
  274         Section 6. Subsection (1) of section 903.09, Florida
  275  Statutes, is amended to read:
  276         903.09 Justification of sureties.—
  277         (1) A surety, other than a bail bond agent as defined in s.
  278  648.25, shall justify her or his suretyship by attaching to the
  279  bond United States currency, a United States postal money order,
  280  or a cashier’s check in the amount of the bond; however, the
  281  United States currency, United States postal money order, or
  282  cashier’s check may not be used to secure more than one bond
  283  shall execute an affidavit stating that she or he possesses the
  284  qualifications and net worth required to become a surety. The
  285  affidavit shall describe the surety’s property and any
  286  encumbrances and shall state the number and amount of any bonds
  287  entered into by the surety at any court that remain
  288  undischarged.
  289         Section 7. Section 903.101, Florida Statutes, is amended to
  290  read:
  291         903.101 Sureties; licensed persons; to have equal access.
  292  Subject to rules adopted by the Department of Financial Services
  293  and by the Financial Services Commission, every surety who meets
  294  the requirements of ss. 903.05, 903.06, 903.08, and 903.09, and
  295  every person who is currently licensed by the Department of
  296  Financial Services and registered as required by s. 648.42 shall
  297  have equal access to the jails of this state for the purpose of
  298  making bonds.
  299         Section 8. Section 903.16, Florida Statutes, is amended to
  300  read:
  301         903.16 Deposit of money or bonds as bail.—
  302         (1) A defendant who has been admitted to bail, or another
  303  person in the defendant’s behalf, must may deposit with the
  304  official authorized to take bail money an amount equal to the
  305  bail amount set in the court order. The official receiving such
  306  deposit must issue a receipt in the name of the defendant or
  307  nonregistered bonds of the United States, the state, or a city,
  308  town, or county in the state, equal in market value to the
  309  amount set in the order and the personal bond of the defendant
  310  and an undertaking by the depositor if the money or bonds are
  311  deposited by another. The sheriff or other officials must may
  312  remit money or bonds received to the clerk to be held by the
  313  clerk pending court action or return to the defendant or
  314  depositor. The clerk shall accept money or bonds remitted by the
  315  sheriff.
  316         (2) Consent is conclusively presumed for the clerk of the
  317  circuit court to sell bonds deposited as bail after forfeiture
  318  of the bond.
  319         Section 9. Section 903.17, Florida Statutes, is repealed.
  320         Section 10. Section 903.18, Florida Statutes, is amended to
  321  read:
  322         903.18 Bail after deposit of money or bonds.—Bail by
  323  sureties may be substituted for a deposit of money or bonds as
  324  bail any time before a forfeiture breach of the bond.
  325         Section 11. Section 903.20, Florida Statutes, is amended to
  326  read:
  327         903.20 Surrender of defendant.—The defendant may surrender
  328  himself or herself or a surety may surrender the defendant any
  329  time before a forfeiture breach of the bond.
  330         Section 12. Paragraph (a) of subsection (3) of section
  331  903.21, Florida Statutes, is amended to read:
  332         903.21 Method of surrender; exoneration of obligors.—
  333         (3)(a) The surety shall be exonerated of liability on the
  334  bond if it is determined before forfeiture breach of the bond
  335  that the defendant is in any jail or prison and the surety
  336  agrees in writing to pay the costs and expenses incurred in
  337  returning the defendant to the jurisdiction of the court. Upon
  338  affirmation by a sheriff or the chief correctional officer of
  339  the defendant being in any jail or prison and the surety
  340  agreeing in writing to pay the costs and expenses incurred in
  341  returning the defendant to the jurisdiction of the court, the
  342  clerk must, without further hearing or order of the court,
  343  discharge the bond. A surety is only responsible for the
  344  itemized costs and expenses incurred for the transport of a
  345  defendant to whom he or she has a fiduciary duty and is not
  346  liable for the costs and expenses incurred in transporting any
  347  other defendant.
  348         Section 13. Subsection (1), paragraph (a) of subsection
  349  (2), and subsections (3), (4), (5), and (8) of section 903.26,
  350  Florida Statutes, are amended, and new subsections (5) and (8)
  351  and subsection (9) are added to that section, to read:
  352         903.26 Forfeiture of the bond; when and how directed;
  353  discharge; how and when made; effect of payment.—
  354         (1) A bail bond shall not be forfeited unless:
  355         (a) The information, indictment, or affidavit was filed
  356  within 6 months from the date of arrest;, and
  357         (b) The clerk of the court gave the surety at least 72
  358  hours’ notice, exclusive of Saturdays, Sundays, and holidays,
  359  before the time of the required appearance of the defendant.
  360  Notice is shall not be necessary if the time for appearance is
  361  within 72 hours from the time of arrest, or if the time is
  362  stated on the bond. Such notice must may be mailed or
  363  electronically transmitted, using the e-mail address on file
  364  with the Division of Insurance Agent and Agency Services or the
  365  e-mail address on file with the clerk. A certificate signed by
  366  the clerk or the clerk’s designee which certifies that the
  367  notice required by this paragraph was electronically transmitted
  368  on a specified date and which is accompanied by a copy of the
  369  required notice constitutes sufficient proof that such
  370  electronic transmission was properly accomplished.
  371         (2)(a) If there is a failure of the defendant to appear as
  372  required, the court must shall declare the bond and any bonds or
  373  money deposited as bail forfeited. The clerk of the court shall
  374  mail or electronically transmit a notice to the surety agent,
  375  the bail agency, and the surety company using the e-mail
  376  addresses on file with the Division of Insurance Agent and
  377  Agency Services or the e-mail addresses on file with the clerk
  378  within 5 days after the forfeiture. Such notice must include the
  379  defendant’s name, the case number, the criminal charge, the
  380  power of attorney number, the bond amount, and the date of
  381  forfeiture. A certificate signed by the clerk of the court or
  382  the clerk’s designee, certifying that the notice required herein
  383  was mailed or electronically transmitted on a specified date and
  384  accompanied by a copy of the required notice, shall constitute
  385  sufficient proof that such mailing or electronic transmission
  386  was properly accomplished as indicated therein. If such mailing
  387  or electronic transmission was properly accomplished as
  388  evidenced by such certificate, the failure of the surety agent,
  389  of a bail agency, of a company, or of a defendant to receive
  390  such notice shall not constitute a defense to such forfeiture
  391  and shall not be grounds for discharge, remission, reduction,
  392  set aside, or continuance of such forfeiture. The forfeiture
  393  shall be paid within 60 days after the date the notice was
  394  mailed or electronically transmitted.
  395         (3) Sixty days after the forfeiture notice has been mailed
  396  or electronically transmitted:
  397         (a) State and county officials having custody of forfeited
  398  money shall deposit the money in the fine and forfeiture fund
  399  established pursuant to s. 142.01.
  400         (b) Municipal officials having custody of forfeited money
  401  shall deposit the money in a designated municipal fund.
  402         (c) Officials having custody of bonds as authorized by s.
  403  903.16 shall transmit the bonds to the clerk of the circuit
  404  court who shall sell them at market value and disburse the
  405  proceeds as provided in paragraph (a) paragraphs (a) and (b).
  406         (4)(a) When a bond is forfeited, the clerk shall transmit
  407  the bond and any affidavits to the clerk of the circuit court in
  408  which the bond and affidavits are filed. The clerk of the
  409  circuit court shall record the forfeiture in the deed or
  410  official records book. If the undertakings and affidavits
  411  describe real property in another county, the clerk shall
  412  transmit the bond and affidavits to the clerk of the circuit
  413  court of the county where the property is located who shall
  414  record and return them.
  415         (b) The bond and affidavits shall be a lien on the real
  416  property they describe from the time of recording in the county
  417  where the property is located for 2 years or until the final
  418  determination of an action instituted thereon within a 2-year
  419  period. If an action is not instituted within 2 years from the
  420  date of recording, the lien shall be discharged. The lien will
  421  be discharged 2 years after the recording even if an action was
  422  instituted within 2 years unless a lis pendens notice is
  423  recorded in the action.
  424         (4)(5) The court shall discharge a forfeiture within 60
  425  days upon:
  426         (a) A determination that it was impossible for the
  427  defendant to appear as required or within 60 days after the
  428  forfeiture notice has been electronically transmitted date of
  429  the required appearance due to circumstances beyond the
  430  defendant’s control. The potential adverse economic consequences
  431  of appearing as required may not be considered as constituting a
  432  ground for such a determination;
  433         (b) A determination that, at the time of the required
  434  appearance or within 60 days after the forfeiture notice has
  435  been electronically transmitted the date of the required
  436  appearance, the defendant is or was confined in an institution
  437  or hospital; is or was confined in any county, state, federal,
  438  or immigration detention facility; is being or was deported; or
  439  is deceased;
  440         (c) Surrender or arrest of the defendant at the time of the
  441  required appearance or within 60 days after the forfeiture
  442  notice has been electronically transmitted the date of the
  443  required appearance in any county, state, or federal jail or
  444  prison or any immigration detention facility and upon a hold
  445  being placed to return the defendant to the jurisdiction of the
  446  court. The court shall condition a discharge or remission on the
  447  payment of costs and the expenses incurred by an official in
  448  returning the defendant to the jurisdiction of the court, as
  449  provided in s. 903.21(3); or
  450         (d) A determination that the state is unwilling to seek
  451  extradition of the fugitive defendant within 10 30 days after a
  452  written request by the surety agent or bail agency to do so, and
  453  contingent upon the surety agent’s consent to pay all costs and
  454  the expenses incurred by an official in returning the defendant
  455  to the jurisdiction of the court, up to the penal amount of the
  456  bond, pursuant to s. 903.21(3). If the state does not respond in
  457  writing within 10 days after receiving a written request by the
  458  surety agent or bail agency to seek a determination of
  459  extradition, it shall be presumed that the state is unwilling to
  460  seek extradition, and such unresponsiveness may be admitted as
  461  evidence in extradition proceedings.
  462         (5) If the state is willing to extradite, it must enter the
  463  defendant into the National Crime Information Center database
  464  for the National Law Enforcement Telecommunications System
  465  region or regions within 10 days after a request by the surety
  466  to do so.
  467         (7)(8) If the defendant is arrested and returned to the
  468  county of jurisdiction of the court or has posted a new bond for
  469  the case at issue before judgment, the clerk, upon affirmation
  470  by the sheriff or the chief correctional officer, shall, without
  471  further hearing or order of the court, discharge the forfeiture
  472  of the bond. However, if the surety agent fails to pay the costs
  473  and expenses incurred in returning the defendant to the county
  474  of jurisdiction, the clerk shall not discharge the costs and
  475  expenses incurred in returning the defendant to the jurisdiction
  476  of the court the forfeiture of the bond. If the surety agent and
  477  the sheriff fail to agree on the amount of said costs, then the
  478  court, after notice to the sheriff and the state attorney, shall
  479  determine the amount of the costs.
  480         (8) If, after forfeiture of a bond, the criminal charges
  481  for which the bond guaranteed appearance are resolved,
  482  adjudicated, or otherwise disposed of by any action of the court
  483  or state, the clerk must, without further order of the court,
  484  discharge the forfeiture and issue a notice of discharge to the
  485  surety. If such resolution or disposition occurs after payment
  486  of a forfeiture or judgment, remission must be granted upon
  487  proper motion and as directed pursuant to s. 903.28.
  488         (9) Unless the time for payment or discharge of the
  489  forfeiture set forth in s. 903.27(1) has elapsed, or unless
  490  payment of the forfeiture has already been made, the clerk may
  491  not object to a motion to set aside a forfeiture pursuant to
  492  paragraph (2)(b), a motion to discharge bond pursuant to
  493  subsection (4), or a motion to reinstate bond pursuant to s.
  494  903.31(2).
  495         Section 14. Subsections (1), (3), (4), and (5) of section
  496  903.27, Florida Statutes, are amended to read:
  497         903.27 Forfeiture to judgment.—
  498         (1) If the forfeiture is not paid or discharged by order of
  499  the a court of competent jurisdiction within 60 days after the
  500  forfeiture notice has been electronically transmitted and the
  501  bond is secured other than by money and bonds authorized in s.
  502  903.16, the clerk of the circuit court for the county where the
  503  order was made shall enter a judgment against the surety for the
  504  amount of the penalty and issue execution. However, in any case
  505  in which the bond forfeiture has been discharged by the court of
  506  competent jurisdiction conditioned upon the payment by the
  507  surety of certain costs or fees as allowed by statute, the
  508  amount for which judgment may be entered may not exceed the
  509  amount of the unpaid fees or costs upon which the discharge had
  510  been conditioned. Judgment for the full amount of the forfeiture
  511  shall not be entered if payment of a lesser amount will satisfy
  512  the conditions to discharge the forfeiture. Within 5 10 days,
  513  the clerk shall furnish the Department of Financial Services and
  514  the Office of Insurance Regulation of the Financial Services
  515  Commission with a certified copy of the judgment docket and
  516  shall furnish the surety company at its home office a copy of
  517  the judgment, which shall include the power of attorney number
  518  of the bond and the name of the executing agent. If the judgment
  519  is not paid within 35 days, the clerk shall furnish the
  520  Department of Financial Services, the Office of Insurance
  521  Regulation, and the sheriff of the county in which the bond was
  522  executed, or the official responsible for operation of the
  523  county jail, if other than the sheriff, two copies of the
  524  judgment and a certificate stating that the judgment remains
  525  unsatisfied. When and if the judgment is properly paid or an
  526  order to vacate the judgment has been entered by the a court of
  527  competent jurisdiction, the clerk shall immediately notify the
  528  sheriff, or the official responsible for the operation of the
  529  county jail, if other than the sheriff, and the Department of
  530  Financial Services and the Office of Insurance Regulation, if
  531  the department and office had been previously notified of
  532  nonpayment, of such payment or order to vacate the judgment. The
  533  clerk may furnish documents or give notice as required in this
  534  subsection by mail or electronic means. The clerk shall also
  535  immediately prepare and record in the public records a
  536  satisfaction of the judgment or record the order to vacate
  537  judgment. If the defendant is returned to the county of
  538  jurisdiction of the court, whenever a motion to set aside the
  539  judgment is filed, the operation of this section is tolled until
  540  the court makes a disposition of the motion.
  541         (3) Surety bail bonds may not be executed by a bail bond
  542  agent or a bail agency against whom a judgment has been entered
  543  which has remained unpaid for 35 days and may not be executed
  544  for a company against whom a judgment has been entered which has
  545  remained unpaid for 50 days. No sheriff or other official who is
  546  empowered to accept or approve surety bail bonds shall accept or
  547  approve such a bond executed by such a bail bond agent or
  548  executed for such a company until such judgment has been paid.
  549         (4) After notice of judgment against the surety, or bail
  550  agency, given by the clerk of the circuit court, the surety or
  551  bail bond agent shall, within 35 days after of the entry of
  552  judgment, submit to the clerk of the circuit court an amount
  553  equal to the judgment, unless the judgment has been set aside by
  554  the court within 35 days after of the entry of judgment. If a
  555  motion to set aside the judgment has been filed pursuant to
  556  subsection (5), the amount submitted shall be held in escrow
  557  until such time as the court has disposed of the motion. The
  558  failure to comply with the provisions of this subsection
  559  constitutes a failure to pay the judgment.
  560         (5) After notice of judgment against the surety given by
  561  the clerk of the circuit court, the surety, bail agency, or bail
  562  bond agent may within 35 days file a motion to set aside the
  563  judgment or to stay the judgment. It shall be a condition of any
  564  such motion and of any order to stay the judgment that the
  565  surety pay the amount of the judgment to the clerk, which amount
  566  shall be held in escrow until such time as the court has
  567  disposed of the motion to set aside the judgment. The filing of
  568  such a motion, when accompanied by the required escrow deposit,
  569  shall act as an automatic stay of further proceedings, including
  570  execution, until the motion has been heard and a decision
  571  rendered by the court.
  572         Section 15. Section 903.28, Florida Statutes, is amended,
  573  to read:
  574         903.28 Remission of forfeiture; conditions.—
  575         (1) An application for remission may not be brought or
  576  considered by the court unless such On application is filed
  577  within 3 2 years after from the forfeiture notice has been
  578  electronically transmitted. Upon a timely filed application for
  579  remission forfeiture, the court shall order remission of the
  580  forfeiture in accordance with the remission schedule set forth
  581  in subsection (2) if it determines that there was no breach of
  582  the bond.
  583         (2) If the defendant surrenders, is deceased, deported, or
  584  is apprehended within 3 years 90 days after the forfeiture,
  585  notice was electronically transmitted; if the surety apprehended
  586  and surrendered the defendant; if the apprehension or surrender
  587  of the defendant was substantially procured or caused by the
  588  surety; or if the surety has substantially attempted to procure
  589  or cause the apprehension or surrender of the defendant, the
  590  court, on motion at a hearing upon notice having been given to
  591  the clerk of the circuit court and the state attorney as
  592  required in subsection (6) (8), shall direct remission of
  593  forfeiture, after deducting the costs to transport the defendant
  594  to the jurisdiction of the court, based upon the date of
  595  surrender, death, apprehension, or deportation, as follows:
  596         (a) If within 90 days after forfeiture, 100 percent.
  597         (b) If within 180 days after forfeiture, 95 percent.
  598         (c) If within 270 days after forfeiture, 90 percent.
  599         (d) If within 360 days after forfeiture, 85 percent.
  600         (e) If within 450 days after forfeiture, 80 percent.
  601         (f) If within 540 days after forfeiture, 75 percent.
  602         (g) If within 630 days after forfeiture, 70 percent.
  603         (h) If within 720 days after forfeiture, 65 percent.
  604         (i) If within 810 days after forfeiture, 60 percent.
  605         (j) If within 900 days after forfeiture, 55 percent.
  606         (k) If within 1,000 days after forfeiture, 50 percent.
  607         (l) If within 1,095 days after forfeiture, 45 percent.
  608  
  609  up to, but not more than, 100 percent of a forfeiture if the
  610  surety apprehended and surrendered the defendant or if the
  611  apprehension or surrender of the defendant was substantially
  612  procured or caused by the surety, or the surety has
  613  substantially attempted to procure or cause the apprehension or
  614  surrender of the defendant, and the delay has not thwarted the
  615  proper prosecution of the defendant. In addition, remission
  616  shall be granted when the surety did not substantially
  617  participate or attempt to participate in the apprehension or
  618  surrender of the defendant when the costs of returning the
  619  defendant to the jurisdiction of the court have been deducted
  620  from the remission and when the delay has not thwarted the
  621  proper prosecution of the defendant.
  622         (3) Within 3 years after forfeiture, if the state is
  623  unwilling to seek extradition of the defendant from any jail or
  624  prison after a request by the surety agent, bail agency, or
  625  surety company, and contingent upon the surety agent, bail
  626  agency, or surety company consenting to pay all costs incurred
  627  by an official in returning the defendant to the jurisdiction of
  628  the court as provided in s. 903.21(3), up to the penal amount of
  629  the bond, the court shall direct remission of 100 percent of the
  630  forfeiture. In addition, if the defendant was confined in any
  631  county, state, federal, or immigration detention facility and
  632  subsequently released from custody or deported, without the
  633  state placing a detainer on the defendant, the court must direct
  634  remission of 100 percent of the forfeiture. If the defendant
  635  surrenders or is apprehended within 180 days after forfeiture,
  636  the court, on motion at a hearing upon notice having been given
  637  to the clerk of the circuit court and the state attorney as
  638  required in subsection (8), shall direct remission of up to, but
  639  not more than, 95 percent of a forfeiture if the surety
  640  apprehended and surrendered the defendant or if the apprehension
  641  or surrender of the defendant was substantially procured or
  642  caused by the surety, or the surety has substantially attempted
  643  to procure or cause the apprehension or surrender of the
  644  defendant, and the delay has not thwarted the proper prosecution
  645  of the defendant. In addition, remission shall be granted when
  646  the surety did not substantially participate or attempt to
  647  participate in the apprehension or surrender of the defendant
  648  when the costs of returning the defendant to the jurisdiction of
  649  the court have been deducted from the remission and when the
  650  delay has not thwarted the proper prosecution of the defendant.
  651         (4) If the defendant is in a location other than one of the
  652  50 states of the United States, and the state is willing to seek
  653  extradition of the defendant contingent upon the surety agent’s
  654  or the surety company’s consent to pay all costs and expenses
  655  incurred by an official in returning the defendant to the
  656  jurisdiction of the court, up to the penal amount of the bond,
  657  the time periods in subsections (1) and (2) are tolled beginning
  658  on the date the surety agent or the surety company informs the
  659  state of the defendants location and ending on the date the
  660  defendant is returned to the jurisdiction of the court. If the
  661  defendant surrenders or is apprehended within 270 days after
  662  forfeiture, the court, on motion at a hearing upon notice having
  663  been given to the clerk of the circuit court and the state
  664  attorney as required in subsection (8), shall direct remission
  665  of up to, but not more than, 90 percent of a forfeiture if the
  666  surety apprehended and surrendered the defendant or if the
  667  apprehension or surrender of the defendant was substantially
  668  procured or caused by the surety, or the surety has
  669  substantially attempted to procure or cause the apprehension or
  670  surrender of the defendant, and the delay has not thwarted the
  671  proper prosecution of the defendant. In addition, remission
  672  shall be granted when the surety did not substantially
  673  participate or attempt to participate in the apprehension or
  674  surrender of the defendant when the costs of returning the
  675  defendant to the jurisdiction of the court have been deducted
  676  from the remission and when the delay has not thwarted the
  677  proper prosecution of the defendant.
  678         (5) If the defendant surrenders or is apprehended within 1
  679  year after forfeiture, the court, on motion at a hearing upon
  680  notice having been given to the clerk of the circuit court and
  681  the state attorney as required in subsection (8), shall direct
  682  remission of up to, but not more than, 85 percent of a
  683  forfeiture if the surety apprehended and surrendered the
  684  defendant or if the apprehension or surrender of the defendant
  685  was substantially procured or caused by the surety, or the
  686  surety has substantially attempted to procure or cause the
  687  apprehension or surrender of the defendant, and the delay has
  688  not thwarted the proper prosecution of the defendant. In
  689  addition, remission shall be granted when the surety did not
  690  substantially participate or attempt to participate in the
  691  apprehension or surrender of the defendant when the costs of
  692  returning the defendant to the jurisdiction of the court have
  693  been deducted from the remission and when the delay has not
  694  thwarted the proper prosecution of the defendant.
  695         (6) If the defendant surrenders or is apprehended within 2
  696  years after forfeiture, the court, on motion at a hearing upon
  697  notice having been given to the clerk of the circuit court and
  698  the state attorney as required in subsection (8), shall direct
  699  remission of up to, but not more than, 50 percent of a
  700  forfeiture if the surety apprehended and surrendered the
  701  defendant or if the apprehension or surrender of the defendant
  702  was substantially procured or caused by the surety, or the
  703  surety has substantially attempted to procure or cause the
  704  apprehension or surrender of the defendant, and the delay has
  705  not thwarted the proper prosecution of the defendant. In
  706  addition, remission shall be granted when the surety did not
  707  substantially participate or attempt to participate in the
  708  apprehension or surrender of the defendant when the costs of
  709  returning the defendant to the jurisdiction of the court have
  710  been deducted from the remission and when the delay has not
  711  thwarted the proper prosecution of the defendant.
  712         (5)(7) The remission of a forfeiture may not be ordered for
  713  any reason other than as specified herein.
  714         (6)(8) An application for remission must be accompanied by
  715  affidavits setting forth the facts on which it is founded;
  716  however, the surety must establish by further documentation or
  717  other evidence any claimed attempt at procuring or causing the
  718  apprehension or surrender of the defendant before the court must
  719  may order remission based upon an attempt to procure or cause
  720  such apprehension or surrender. The clerk of the circuit court
  721  and the state attorney must be given 10 20 days’ notice before a
  722  hearing on an application and be furnished copies of all papers,
  723  applications, and affidavits. Remission shall be granted on the
  724  condition of payment of costs pursuant to s. 903.21(3), unless
  725  the ground for remission is that there was no breach of the
  726  bond.
  727         (7)(9) The clerk of the circuit court may enter into a
  728  contract with a private attorney or into an interagency
  729  agreement with a governmental agency to represent the clerk of
  730  the court in an action for the remission of a forfeiture under
  731  this section.
  732         (8)(10) The clerk of the circuit court is the real party in
  733  interest for all appeals arising from an action for the
  734  remission of a forfeiture under this section.
  735         (9) The clerk may charge interest for the remission of a
  736  forfeiture pursuant to s. 218.74(4). The due date for remission
  737  is the date of the court granting remission.
  738         Section 16. Section 903.29, Florida Statutes, is amended to
  739  read:
  740         903.29 Arrest of principal by surety after forfeiture.
  741  Within 3 2 years from the date of forfeiture of a bond, the
  742  surety may arrest the principal for the purpose of surrendering
  743  the principal to the official in whose custody she or he was at
  744  the time bail was taken or in whose custody the principal would
  745  have been placed had she or he been committed.
  746         Section 17. Subsections (1) and (2) of section 903.31,
  747  Florida Statutes, are amended to read:
  748         903.31 Canceling the bond.—
  749         (1) Within 10 business days after the conditions of a bond
  750  have been satisfied or the forfeiture discharged or remitted,
  751  the court shall order the bond canceled and, if the surety has
  752  attached a certificate of cancellation to the original bond, the
  753  clerk of the court shall mail or electronically furnish an
  754  executed certificate of cancellation to the surety without cost.
  755  An adjudication of guilt or innocence or an acquittal, if a
  756  period of 3 years 36 months has passed since the original bond
  757  was posted, or a withholding of an adjudication of guilt, or
  758  finding of guilt or no action taken by the state satisfies shall
  759  satisfy the conditions of the bond, and the clerk shall
  760  discharge the bond. If the bond has been revoked by the court,
  761  the clerk must discharge the bond. The original appearance bond
  762  shall expire 3 years 36 months after such bond has been posted
  763  for the release of the defendant from custody. This subsection
  764  does not apply to cases in which a bond has been declared
  765  forfeited before the 3-year 36-month expiration, unless the
  766  forfeiture was set aside, the original bond was reinstated, or a
  767  new bond was posted.
  768         (2) The original appearance bond does not guarantee a
  769  deferred sentence; a sentencing deferral; appearance during or
  770  after a presentence investigation; appearance during or after
  771  appeals; conduct during or appearance after admission to a
  772  pretrial intervention program; placement in a court-ordered
  773  program, including a residential mental health facility; payment
  774  of fines; or attendance at educational or rehabilitation
  775  facilities the court otherwise provides in the judgment. If the
  776  original appearance bond has been forfeited or revoked, the bond
  777  shall not be reinstated without approval from the surety on the
  778  original bond.
  779         Section 18. Subsection (2) of section 924.065, Florida
  780  Statutes, is amended to read:
  781         924.065 Denial of motion for new trial or arrest of
  782  judgment; appeal bond; supersedeas.—
  783         (2) An appeal may not be a supersedeas to the execution of
  784  the judgment, sentence, or order of until the appellant has
  785  entered into a bond with at least two sureties to secure the
  786  payment of the judgment, fine, and any future costs that may be
  787  adjudged by the appellate court. The bond shall be conditioned
  788  on the appellant’s personally answering and abiding by the final
  789  order, sentence, or judgment of the appellate court and, if the
  790  action is remanded, on the appellant’s appearing before the
  791  court in which the case was originally determined and not
  792  departing without leave of court.
  793         Section 19. Subsection (1) of section 951.26, Florida
  794  Statutes, is amended to read:
  795         951.26 Public safety coordinating councils.—
  796         (1) Each board of county commissioners shall establish a
  797  county public safety coordinating council for the county or
  798  shall join with a consortium of one or more other counties to
  799  establish a public safety coordinating council for the
  800  geographic area represented by the member counties.
  801         (a)1. The public safety coordinating council for a county
  802  shall consist of:
  803         a. The state attorney, or an assistant state attorney
  804  designated by the state attorney.
  805         b. The public defender, or an assistant public defender
  806  designated by the public defender.
  807         c. The chief circuit judge, or another circuit judge
  808  designated by the chief circuit judge.
  809         d. The chief county judge, or another county judge
  810  designated by the chief county judge.
  811         e. The chief correctional officer.
  812         f. The sheriff, or a member designated by the sheriff, if
  813  the sheriff is not the chief correctional officer.
  814         g. The state probation circuit administrator, or a member
  815  designated by the state probation circuit administrator, to be
  816  appointed to a 4-year term.
  817         h. The chair chairperson of the board of county
  818  commissioners, or another county commissioner as designee.
  819         i. If the county has such program available, the director
  820  of any county probation or pretrial intervention program, to be
  821  appointed to a 4-year term.
  822         j. The director of a local substance abuse treatment
  823  program, or a member designated by the director, to be appointed
  824  to a 4-year term.
  825         k. Representatives from county and state jobs programs and
  826  other community groups who work with offenders and victims,
  827  appointed by the chair chairperson of the board of county
  828  commissioners to 4-year terms.
  829         l. A bail agent licensed under chapter 648, designated by
  830  the chair of the council, to be appointed to a 4-year term.
  831         2. The chair chairperson of the board of county
  832  commissioners, or another county commissioner as designee, shall
  833  serve as the chair chairperson of the council until the council
  834  elects a chair chairperson from the membership of the council.
  835         (b)1. The public safety coordinating council for a
  836  consortium of two or more counties shall consist of the
  837  following members, appointed with the approval of each board of
  838  county commissioners within the consortium:
  839         a. A chief circuit judge, or a circuit judge designated by
  840  a chief circuit judge.
  841         b. A chief county judge, or a county judge designated by a
  842  chief county judge.
  843         c. A state attorney, or an assistant state attorney
  844  designated by a state attorney.
  845         d. A public defender, or an assistant public defender
  846  designated by a public defender.
  847         e. A state probation circuit administrator, or a member
  848  designated by a state probation circuit administrator, to be
  849  appointed to a 4-year term.
  850         f. A physician who practices in the area of alcohol and
  851  substance abuse, to be appointed to a 4-year term.
  852         g. A mental health professional who practices in the area
  853  of alcohol and substance abuse, to be appointed to a 4-year
  854  term.
  855         h. A sheriff or a jail administrator for a county within
  856  the consortium.
  857         i. A chief of police for a municipality within the
  858  geographic area of the consortium.
  859         j. A county commissioner from each member county of the
  860  consortium.
  861         k. An elected member of the governing body of the most
  862  populous municipality within the geographic area of the
  863  consortium.
  864         l. An elected member of a school board within the
  865  geographic area of the consortium.
  866         m. A bail agent licensed under chapter 648, designated by
  867  the chair of the council, to be appointed to a 4-year term.
  868         2. The members of the public safety coordinating council
  869  shall elect a chair chairperson from among the its members.
  870         Section 20. For the purpose of incorporating the amendment
  871  made by this act to section 903.045, Florida Statutes, in a
  872  reference thereto, subsection (4) of section 903.36, Florida
  873  Statutes, is reenacted to read:
  874         903.36 Guaranteed arrest bond certificates as cash bail.—
  875         (4) The provisions of s. 903.045 applicable to bail bond
  876  agents shall apply to surety insurers and their licensed general
  877  lines agents who execute bail bonds pursuant to this section.
  878         Section 21. For the purpose of incorporating the amendment
  879  made by this act to section 903.046, Florida Statutes, in a
  880  reference thereto, paragraph (c) of subsection (1) of section
  881  903.047, Florida Statutes, is reenacted to read:
  882         903.047 Conditions of pretrial release.—
  883         (1) As a condition of pretrial release, whether such
  884  release is by surety bail bond or recognizance bond or in some
  885  other form, the defendant must:
  886         (c) Comply with all conditions of pretrial release imposed
  887  by the court. A court must consider s. 903.046(2) when
  888  determining whether to impose nonmonetary conditions in addition
  889  to or in lieu of monetary bond. Such nonmonetary conditions may
  890  include, but are not limited to, requiring a defendant to:
  891         1. Maintain employment, or, if unemployed, actively seek
  892  employment.
  893         2. Maintain or commence an educational program.
  894         3. Abide by specified restrictions on personal
  895  associations, place of residence, or travel.
  896         4. Report on a regular basis to a designated law
  897  enforcement agency, pretrial services agency, or other agency.
  898         5. Comply with a specified curfew.
  899         6. Refrain from possessing a firearm, destructive device,
  900  or other dangerous weapon.
  901         7. Refrain from excessive use of alcohol, or any use of a
  902  narcotic drug or other controlled substance without a
  903  prescription from a licensed medical practitioner.
  904         8. Undergo available medical, psychological, psychiatric,
  905  mental health, or substance abuse evaluation and follow all
  906  recommendations, including treatment for drug or alcohol
  907  dependency, and remain in a specified institution, if required
  908  for that purpose.
  909         9. Return to custody for specified hours following release
  910  for employment, school, or other limited purposes.
  911         10. Any other condition that is reasonably necessary to
  912  assure the appearance of the defendant at subsequent proceedings
  913  and to protect the community against unreasonable danger of
  914  harm.
  915         Section 22. For the purpose of incorporating the amendment
  916  made by this act to section 903.046, Florida Statutes, in
  917  references thereto, paragraphs (c) and (d) of subsection (5) of
  918  section 907.041, Florida Statutes, are reenacted to read:
  919         907.041 Pretrial detention and release.—
  920         (5) PRETRIAL DETENTION.—
  921         (c) Upon motion by the state attorney, the court may order
  922  pretrial detention if it finds a substantial probability, based
  923  on a defendant’s past and present patterns of behavior, the
  924  criteria in s. 903.046, and any other relevant facts, that any
  925  of the following circumstances exist:
  926         1. The defendant has previously violated conditions of
  927  release and that no further conditions of release are reasonably
  928  likely to assure the defendant’s appearance at subsequent
  929  proceedings;
  930         2. The defendant, with the intent to obstruct the judicial
  931  process, has threatened, intimidated, or injured any victim,
  932  potential witness, juror, or judicial officer, or has attempted
  933  or conspired to do so, and that no condition of release will
  934  reasonably prevent the obstruction of the judicial process;
  935         3. The defendant is charged with trafficking in controlled
  936  substances as defined by s. 893.135, that there is a substantial
  937  probability that the defendant has committed the offense, and
  938  that no conditions of release will reasonably assure the
  939  defendant’s appearance at subsequent criminal proceedings;
  940         4. The defendant is charged with DUI manslaughter, as
  941  defined by s. 316.193, and that there is a substantial
  942  probability that the defendant committed the crime and that the
  943  defendant poses a threat of harm to the community; conditions
  944  that would support a finding by the court pursuant to this
  945  subparagraph that the defendant poses a threat of harm to the
  946  community include, but are not limited to, any of the following:
  947         a. The defendant has previously been convicted of any crime
  948  under s. 316.193, or of any crime in any other state or
  949  territory of the United States that is substantially similar to
  950  any crime under s. 316.193;
  951         b. The defendant was driving with a suspended driver
  952  license when the charged crime was committed; or
  953         c. The defendant has previously been found guilty of, or
  954  has had adjudication of guilt withheld for, driving while the
  955  defendant’s driver license was suspended or revoked in violation
  956  of s. 322.34;
  957         5. The defendant poses the threat of harm to the community.
  958  The court may so conclude, if it finds that the defendant is
  959  presently charged with a dangerous crime, that there is a
  960  substantial probability that the defendant committed such crime,
  961  that the factual circumstances of the crime indicate a disregard
  962  for the safety of the community, and that there are no
  963  conditions of release reasonably sufficient to protect the
  964  community from the risk of physical harm to persons;
  965         6. The defendant was on probation, parole, or other release
  966  pending completion of sentence or on pretrial release for a
  967  dangerous crime at the time the current offense was committed;
  968         7. The defendant has violated one or more conditions of
  969  pretrial release or bond for the offense currently before the
  970  court and the violation, in the discretion of the court,
  971  supports a finding that no conditions of release can reasonably
  972  protect the community from risk of physical harm to persons or
  973  assure the presence of the accused at trial; or
  974         8.a. The defendant has ever been sentenced pursuant to s.
  975  775.082(9) or s. 775.084 as a prison releasee reoffender,
  976  habitual violent felony offender, three-time violent felony
  977  offender, or violent career criminal, or the state attorney
  978  files a notice seeking that the defendant be sentenced pursuant
  979  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  980  habitual violent felony offender, three-time violent felony
  981  offender, or violent career criminal;
  982         b. There is a substantial probability that the defendant
  983  committed the offense; and
  984         c. There are no conditions of release that can reasonably
  985  protect the community from risk of physical harm or ensure the
  986  presence of the accused at trial.
  987         (d) If a defendant is arrested for a dangerous crime that
  988  is a capital felony, a life felony, or a felony of the first
  989  degree, and the court determines there is probable cause to
  990  believe the defendant committed the offense, the state attorney,
  991  or the court on its own motion, shall motion for pretrial
  992  detention. If the court finds a substantial probability that the
  993  defendant committed the offense and, based on the defendant’s
  994  past and present patterns of behavior, consideration of the
  995  criteria in s. 903.046, and any other relevant facts, that no
  996  conditions of release or bail will reasonably protect the
  997  community from risk of physical harm, ensure the presence of the
  998  defendant at trial, or assure the integrity of the judicial
  999  process, the court must order pretrial detention.
 1000         Section 23. For the purpose of incorporating the amendments
 1001  made by this act to sections 903.09 and 903.31, Florida
 1002  Statutes, in references thereto, section 903.286, Florida
 1003  Statutes, is reenacted to read:
 1004         903.286 Return of cash bond; requirement to withhold unpaid
 1005  fines, fees, court costs; cash bond forms.—
 1006         (1) Notwithstanding s. 903.31(2), the clerk of the court
 1007  shall withhold from the return of a cash bond posted on behalf
 1008  of a criminal defendant by a person other than a bail bond agent
 1009  licensed pursuant to chapter 648 sufficient funds to pay any
 1010  unpaid costs of prosecution, costs of representation as provided
 1011  by ss. 27.52 and 938.29, court fees, court costs, and criminal
 1012  penalties. If sufficient funds are not available to pay all
 1013  unpaid costs of prosecution, costs of representation as provided
 1014  by ss. 27.52 and 938.29, court fees, court costs, and criminal
 1015  penalties, the clerk of the court shall immediately obtain
 1016  payment from the defendant or enroll the defendant in a payment
 1017  plan pursuant to s. 28.246.
 1018         (2) All cash bond forms used in conjunction with the
 1019  requirements of s. 903.09 must prominently display a notice
 1020  explaining that all funds are subject to forfeiture and
 1021  withholding by the clerk of the court for the payment of costs
 1022  of prosecution, costs of representation as provided by ss. 27.52
 1023  and 938.29, court fees, court costs, and criminal penalties on
 1024  behalf of the criminal defendant regardless of who posted the
 1025  funds.
 1026         Section 24. For the purpose of incorporating the amendment
 1027  made by this act to section 924.065, Florida Statutes, in a
 1028  reference thereto, section 924.14, Florida Statutes, is
 1029  reenacted to read:
 1030         924.14 Stay of execution when defendant appeals.—An appeal
 1031  by a defendant from either the judgment or sentence shall stay
 1032  execution of the sentence, subject to the provisions of s.
 1033  924.065.
 1034         Section 25. For the purpose of incorporating the amendment
 1035  made by this act to section 951.26, Florida Statutes, in
 1036  references thereto, subsection (1) and paragraph (a) of
 1037  subsection (3) of section 394.657, Florida Statutes, are
 1038  reenacted to read:
 1039         394.657 County planning councils or committees.—
 1040         (1) Each board of county commissioners shall designate the
 1041  county public safety coordinating council established under s.
 1042  951.26, or designate another criminal or juvenile justice mental
 1043  health and substance abuse council or committee, as the planning
 1044  council or committee. The public safety coordinating council or
 1045  other designated criminal or juvenile justice mental health and
 1046  substance abuse council or committee, in coordination with the
 1047  county offices of planning and budget, shall make a formal
 1048  recommendation to the board of county commissioners regarding
 1049  how the Criminal Justice, Mental Health, and Substance Abuse
 1050  Reinvestment Grant Program may best be implemented within a
 1051  community. The board of county commissioners may assign any
 1052  entity to prepare the application on behalf of the county
 1053  administration for submission to the Criminal Justice, Mental
 1054  Health, and Substance Abuse Statewide Grant Review Committee for
 1055  review. A county may join with one or more counties to form a
 1056  consortium and use a regional public safety coordinating council
 1057  or another county-designated regional criminal or juvenile
 1058  justice mental health and substance abuse planning council or
 1059  committee for the geographic area represented by the member
 1060  counties.
 1061         (3)(a) If a public safety coordinating council established
 1062  under s. 951.26 acts as the planning council, its membership
 1063  must include all persons listed in paragraph (2)(a).
 1064         Section 26. For the purpose of incorporating the amendment
 1065  made by this act to section 951.26, Florida Statutes, in a
 1066  reference thereto, paragraph (p) of subsection (1) of section
 1067  921.187, Florida Statutes, is reenacted to read:
 1068         921.187 Disposition and sentencing; alternatives;
 1069  restitution.—
 1070         (1) The alternatives provided in this section for the
 1071  disposition of criminal cases shall be used in a manner that
 1072  will best serve the needs of society, punish criminal offenders,
 1073  and provide the opportunity for rehabilitation. If the offender
 1074  does not receive a state prison sentence, the court may:
 1075         (p) Impose any other sanction which is provided within the
 1076  community and approved as an intermediate sanction by the county
 1077  public safety coordinating council as described in s. 951.26.
 1078         Section 27. For the purpose of incorporating the amendment
 1079  made by this act to section 951.26, Florida Statutes, in a
 1080  reference thereto, subsection (2) of section 948.51, Florida
 1081  Statutes, is reenacted to read:
 1082         948.51 Community corrections assistance to counties or
 1083  county consortiums.—
 1084         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
 1085  county, or a consortium of two or more counties, may contract
 1086  with the Department of Corrections for community corrections
 1087  funds as provided in this section. In order to enter into a
 1088  community corrections partnership contract, a county or county
 1089  consortium must have a public safety coordinating council
 1090  established under s. 951.26 and must designate a county officer
 1091  or agency to be responsible for administering community
 1092  corrections funds received from the state. The public safety
 1093  coordinating council shall prepare, develop, and implement a
 1094  comprehensive public safety plan for the county, or the
 1095  geographic area represented by the county consortium, and shall
 1096  submit an annual report to the Department of Corrections
 1097  concerning the status of the program. In preparing the
 1098  comprehensive public safety plan, the public safety coordinating
 1099  council shall cooperate with the juvenile justice circuit
 1100  advisory board established under s. 985.664 in order to include
 1101  programs and services for juveniles in the plan. To be eligible
 1102  for community corrections funds under the contract, the initial
 1103  public safety plan must be approved by the governing board of
 1104  the county, or the governing board of each county within the
 1105  consortium, and the Secretary of Corrections based on the
 1106  requirements of this section. If one or more other counties
 1107  develop a unified public safety plan, the public safety
 1108  coordinating council shall submit a single application to the
 1109  department for funding. Continued contract funding shall be
 1110  pursuant to subsection (5). The plan for a county or county
 1111  consortium must cover at least a 5-year period and must include:
 1112         (a) A description of programs offered for the job placement
 1113  and treatment of offenders in the community.
 1114         (b) A specification of community-based intermediate
 1115  sentencing options to be offered and the types and number of
 1116  offenders to be included in each program.
 1117         (c) Specific goals and objectives for reducing the
 1118  projected percentage of commitments to the state prison system
 1119  of persons with low total sentencing scores pursuant to the
 1120  Criminal Punishment Code.
 1121         (d) Specific evidence of the population status of all
 1122  programs which are part of the plan, which evidence establishes
 1123  that such programs do not include offenders who otherwise would
 1124  have been on a less intensive form of community supervision.
 1125         (e) The assessment of population status by the public
 1126  safety coordinating council of all correctional facilities owned
 1127  or contracted for by the county or by each county within the
 1128  consortium.
 1129         (f) The assessment of bed space that is available for
 1130  substance abuse intervention and treatment programs and the
 1131  assessment of offenders in need of treatment who are committed
 1132  to each correctional facility owned or contracted for by the
 1133  county or by each county within the consortium.
 1134         (g) A description of program costs and sources of funds for
 1135  each community corrections program, including community
 1136  corrections funds, loans, state assistance, and other financial
 1137  assistance.
 1138         Section 28. This act shall take effect July 1, 2024.