Senate Bill 1516
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Florida Senate - 1999 SB 1516
By Senator Clary
7-1021A-99 See HB
1 A bill to be entitled
2 An act relating to bail bonds; amending ss.
3 648.385 and 648.386, F.S.; revising certain
4 continuing education requirements; amending s.
5 903.21, F.S.; providing a definition; amending
6 s. 903.035, F.S.; specifying that information
7 provided by any person relating to application
8 for bail must be accurate, truthful, and
9 complete; amending s. 903.26, F.S.; requiring
10 discharge of a forfeiture with a time certain;
11 providing an additional criterion for discharge
12 of a forfeiture; requiring a clerk of court to
13 set aside a forfeiture and discharge a bond
14 under certain circumstances; amending s.
15 903.27, F.S.; providing for tolling certain
16 forfeiture operations under certain
17 circumstances; amending s. 903.28, F.S.;
18 requiring remissions to be granted under
19 certain circumstances; amending s. 903.31,
20 F.S.; providing for expiration of certain bonds
21 under certain circumstances; specifying
22 nonapplication when a bond is declared
23 forfeited; prohibiting reinstatement of
24 original appearance bonds under certain
25 circumstances; providing an effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Paragraphs (a) and (c) of subsection (2) of
30 section 648.385, Florida Statutes, are amended to read:
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 648.385 Continuing education required; application;
2 exceptions; requirements; penalties.--
3 (2)(a) For compliance dates beginning in January 1997
4 and thereafter, each person subject to the provisions of this
5 chapter must complete a minimum of 7 14 hours of continuing
6 education courses each year every 2 years in courses approved
7 by the department. Compliance with continuing education
8 requirements is a condition precedent to the issuance,
9 continuation, or renewal of any appointment subject to the
10 provisions of this chapter.
11 (c) For good cause shown, the department may grant an
12 extension of time during which the requirements imposed by
13 this section may be completed, but such extension of time may
14 not exceed 6 months 1 year.
15 Section 2. Paragraph (a) of subsection (4) of section
16 648.386, Florida Statutes, is amended to read:
17 648.386 Qualifications for prelicensing and continuing
18 education schools and instructors.--
19 (4) INSTRUCTOR'S DUTIES AND QUALIFICATIONS.--
20 (a) Each course must have a supervising instructor who
21 is approved by the department. The supervising instructor
22 shall be present at all classes. The supervising instructor
23 is responsible for:
24 1. All course instructors.
25 2. All guest lecturers.
26 2.3. The course outlines and curriculum.
27 3.4. Certification of each attending limited surety
28 agent or professional bail bond agent.
29 4.5. Completion of all required forms.
30 5.6. Assuring that the course is approved.
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 Either the entity or the supervising instructor may approve
2 guest lecturers.
3 Section 3. Paragraph (a) of subsection (1) of section
4 903.035, Florida Statutes, is amended to read:
5 903.035 Applications for bail; information provided;
6 hearing on application for modification; penalty for providing
7 false or misleading information or omitting material
8 information.--
9 (1)(a) All information provided by a defendant or any
10 other person, in connection with any application for or
11 attempt to secure bail, to any court, court personnel, or
12 individual soliciting or recording such information for the
13 purpose of evaluating eligibility for, or securing, bail for
14 the defendant, under circumstances such that the defendant or
15 such other person knew or should have known that the
16 information was to be used in connection with an application
17 for bail, shall be accurate, truthful, and complete without
18 omissions to the best knowledge of the defendant or such other
19 person.
20 Section 4. Subsection (3) of section 903.21, Florida
21 Statutes, is amended to read:
22 903.21 Method of surrender; exoneration of obligors.--
23 (3) The surety shall be exonerated of liability on the
24 bond if it is determined prior to breach of the bond that the
25 defendant is in any jail or prison and the surety agrees in
26 writing to pay the transportation cost of returning the
27 defendant to the jurisdiction of the court. For purposes of
28 this subsection, "jurisdiction" means within the judicial
29 circuit as prescribed by law.
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 Section 5. Subsection (5) of section 903.26, Florida
2 Statutes, is amended, and subsection (8) is added to that
3 section, to read:
4 903.26 Forfeiture of the bond; when and how directed;
5 discharge; how and when made; effect of payment.--
6 (5) The court shall may discharge a forfeiture within
7 60 35 days upon:
8 (a) A determination that it was impossible for the
9 defendant to appear as required due to circumstances beyond
10 the defendant's control. The potential adverse economic
11 consequences of appearing as required shall not be considered
12 as constituting a ground for such a determination;
13 (b) A determination that, at the time of the required
14 appearance, the defendant was adjudicated insane and confined
15 in an institution or hospital or was confined in a jail or
16 prison; or
17 (c) Surrender or arrest of the defendant if the delay
18 has not thwarted the proper prosecution of the defendant. If
19 the forfeiture has been before discharge, the court shall
20 direct remission of the forfeiture. The court shall condition
21 a discharge or remission on the payment of costs and the
22 expenses incurred by an official in returning the defendant to
23 the jurisdiction of the court; or.
24 (d) An agreement by the the bail bond agent to pay to
25 bring the defendant back into the jurisdiction of the court
26 whenever the state refuses to extradite.
27 (8) If the defendant is arrested and returned to the
28 county of jurisdiction of the court prior to judgment, the
29 clerk, without further order of the court, shall set aside the
30 forfeiture and discharge the bond.
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Florida Senate - 1999 SB 1516
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1 Section 6. Subsection (1) of section 903.27, Florida
2 Statutes, is amended to read:
3 903.27 Forfeiture to judgment.--
4 (1) If the forfeiture is not paid or discharged by
5 order of a court of competent jurisdiction within 60 35 days
6 and the bond is secured other than by money and bonds
7 authorized in s. 903.16, the clerk of the circuit court for
8 the county where the order was made shall enter a judgment
9 against the surety for the amount of the penalty and issue
10 execution. Within 10 days, the clerk shall furnish the
11 Department of Insurance with a certified copy of the judgment
12 docket and shall furnish the surety company at its home office
13 a copy of the judgment, which shall include the power of
14 attorney number of the bond and the name of the executing
15 agent. If the judgment is not paid within 35 60 days, the
16 clerk shall furnish the Department of Insurance and the
17 sheriff of the county in which the bond was executed, or the
18 official responsible for operation of the county jail, if
19 other than the sheriff, two copies of the judgment and a
20 certificate stating that the judgment remains unsatisfied.
21 When and if the judgment is properly paid or an order to
22 vacate the judgment has been entered by a court of competent
23 jurisdiction, the clerk shall immediately notify the sheriff,
24 or the official responsible for the operation of the county
25 jail, if other than the sheriff, and the Department of
26 Insurance, if the department had been previously notified of
27 nonpayment, of such payment or order to vacate the judgment.
28 The clerk shall also immediately prepare and record in the
29 public records a satisfaction of the judgment or record the
30 order to vacate judgment. Whenever a motion to set aside the
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Florida Senate - 1999 SB 1516
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1 judgment is filed, the operation of this section is tolled
2 until the court makes a disposition of the motion.
3 Section 7. Section 903.28, Florida Statutes, is
4 amended to read:
5 903.28 Remission of forfeiture; conditions.--
6 (1) On application within 2 years from forfeiture, the
7 court shall order remission of the forfeiture if it determines
8 that there was no breach of the bond.
9 (2) If the defendant surrenders or is apprehended
10 within 90 days after forfeiture, the court, on motion at a
11 hearing upon notice having been given to the county attorney
12 and state attorney as required in subsection (8), shall may
13 direct remission of up to, but not more than, 100 percent of a
14 forfeiture if the surety apprehended and surrendered the
15 defendant or if the apprehension or surrender of the defendant
16 was substantially procured or caused by the surety, or the
17 surety has substantially attempted to procure or cause the
18 apprehension or surrender of the defendant, and the delay has
19 not thwarted the proper prosecution of the defendant. In
20 addition, remission shall may be granted when the surety did
21 not substantially participate or attempt to participate in the
22 apprehension or surrender of the defendant when the costs of
23 returning the defendant to the jurisdiction of the court have
24 been deducted from the remission and when the delay has not
25 thwarted the proper prosecution of the defendant.
26 (3) If the defendant surrenders or is apprehended
27 within 180 days after forfeiture, the court, on motion at a
28 hearing upon notice having been given to the county attorney
29 and state attorney as required in subsection (8), shall may
30 direct remission of up to, but not more than, 95 percent of a
31 forfeiture if the surety apprehended and surrendered the
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 defendant or if the apprehension or surrender of the defendant
2 was substantially procured or caused by the surety, or the
3 surety has substantially attempted to procure or cause the
4 apprehension or surrender of the defendant, and the delay has
5 not thwarted the proper prosecution of the defendant. In
6 addition, remission shall may be granted when the surety did
7 not substantially participate or attempt to participate in the
8 apprehension or surrender of the defendant when the costs of
9 returning the defendant to the jurisdiction of the court have
10 been deducted from the remission and when the delay has not
11 thwarted the proper prosecution of the defendant.
12 (4) If the defendant surrenders or is apprehended
13 within 270 days after forfeiture, the court, on motion at a
14 hearing upon notice having been given to the county attorney
15 and state attorney as required in subsection (8), shall may
16 direct remission of up to, but not more than, 90 percent of a
17 forfeiture if the surety apprehended and surrendered the
18 defendant or if the apprehension or surrender of the defendant
19 was substantially procured or caused by the surety, or the
20 surety has substantially attempted to procure or cause the
21 apprehension or surrender of the defendant, and the delay has
22 not thwarted the proper prosecution of the defendant. In
23 addition, remission shall may be granted when the surety did
24 not substantially participate or attempt to participate in the
25 apprehension or surrender of the defendant when the costs of
26 returning the defendant to the jurisdiction of the court have
27 been deducted from the remission and when the delay has not
28 thwarted the proper prosecution of the defendant.
29 (5) If the defendant surrenders or is apprehended
30 within 1 year after forfeiture, the court, on motion at a
31 hearing upon notice having been given to the county attorney
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 and state attorney as required in subsection (8), shall may
2 direct remission of up to, but not more than, 85 percent of a
3 forfeiture if the surety apprehended and surrendered the
4 defendant or if the apprehension or surrender of the defendant
5 was substantially procured or caused by the surety, or the
6 surety has substantially attempted to procure or cause the
7 apprehension or surrender of the defendant, and the delay has
8 not thwarted the proper prosecution of the defendant. In
9 addition, remission shall may be granted when the surety did
10 not substantially participate or attempt to participate in the
11 apprehension or surrender of the defendant when the costs of
12 returning the defendant to the jurisdiction of the court have
13 been deducted from the remission and when the delay has not
14 thwarted the proper prosecution of the defendant.
15 (6) If the defendant surrenders or is apprehended
16 after 1 year within 2 years after forfeiture, the court, on
17 motion at a hearing upon notice having been given to the
18 county attorney and state attorney as required in subsection
19 (8), shall may direct remission of up to, but not more than,
20 50 percent of a forfeiture if the surety apprehended and
21 surrendered the defendant or if the apprehension or surrender
22 of the defendant was substantially procured or caused by the
23 surety, or the surety has substantially attempted to procure
24 or cause the apprehension or surrender of the defendant, and
25 the delay has not thwarted the proper prosecution of the
26 defendant. In addition, remission shall may be granted when
27 the surety did not substantially participate or attempt to
28 participate in the apprehension or surrender of the defendant
29 when the costs of returning the defendant to the jurisdiction
30 of the court have been deducted from the remission and when
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Florida Senate - 1999 SB 1516
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1 the delay has not thwarted the proper prosecution of the
2 defendant.
3 (7) The remission of a forfeiture may not be ordered
4 for any reason other than as specified herein.
5 (8) An application for remission must be accompanied
6 by affidavits setting forth the facts on which it is founded;
7 however, the surety must establish by further documentation or
8 other evidence any claimed attempt at procuring or causing the
9 apprehension or surrender of the defendant before the court
10 may order remission based upon an attempt to procure or cause
11 such apprehension or surrender. The state attorney and the
12 county attorney must be given 20 days' notice before a hearing
13 on an application and be furnished copies of all papers,
14 applications, and affidavits. Remission shall be granted on
15 the condition of payment of costs, unless the ground for
16 remission is that there was no breach of the bond.
17 Section 8. Section 903.31, Florida Statutes, is
18 amended to read:
19 903.31 Canceling the bond.--Within 10 business days
20 after the conditions of a bond have been satisfied or the
21 forfeiture discharged or remitted, the court shall order the
22 bond canceled and, if the surety has attached a certificate of
23 cancellation to the original bond, shall furnish an executed
24 certificate of cancellation to the surety without cost. An
25 adjudication of guilt or innocence of the defendant shall
26 satisfy the conditions of the bond. The original appearance
27 bond shall expire 36 months after such bond has been posted
28 for the release of the defendant from custody. This section
29 does not apply to cases in which a bond has been declared
30 forfeited. The original appearance bond shall not be construed
31 to guarantee deferred sentences, appearance during or after a
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Florida Senate - 1999 SB 1516
7-1021A-99 See HB
1 presentence investigation, appearance during or after appeals,
2 conduct during or appearance after admission to a pretrial
3 intervention program, payment of fines, or attendance at
4 educational or rehabilitation facilities the court otherwise
5 provides in the judgment. If the original appearance bond has
6 been forfeited or revoked, the bond shall not be reinstated
7 without approval from the surety on the original bond.
8 Section 9. This act shall take effect October 1, 1999.
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11 LEGISLATIVE SUMMARY
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Revises bail bond provisions relating to continuing
13 education, discharge of forfeitures, judgments against
sureties, remissions of forfeitures, and original
14 appearance bonds. (See bill for details.)
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