CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 The Committee on Insurance offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Paragraph (c) of subsection (2) and
18 paragraph (a) of subsection (4) of section 648.386, Florida
19 Statutes, are amended to read:
20 648.386 Qualifications for prelicensing and continuing
21 education schools and instructors.--
22 (2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
23 SCHOOLS.--In order to be considered for approval and
24 certification as an approved limited surety agent and
25 professional bail bond agent continuing education school, such
26 entity must:
27 (c) Offer continuing education classes which are
28 comprised of a minimum of 2 hours of approved coursework and
29 are taught by an approved supervising instructor or guest
30 lecturer approved by the entity or the supervising instructor.
31 (4) INSTRUCTOR'S DUTIES AND QUALIFICATIONS.--
1
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 (a) Each course must have a supervising instructor who
2 is approved by the department. The supervising instructor
3 shall be present at all classes. The supervising instructor
4 is responsible for:
5 1. All course instructors.
6 2. All guest lecturers.
7 3. The course outlines and curriculum.
8 4. Certification of each attending limited surety
9 agent or professional bail bond agent.
10 5. Completion of all required forms.
11 6. Assuring that the course is approved.
12
13 Either the entity or the supervising instructor may approve
14 guest lecturers.
15 Section 2. Paragraph (l) of subsection (1) of section
16 648.44, Florida Statutes, is amended to read:
17 648.44 Prohibitions; penalty.--
18 (1) A bail bond agent, temporary bail bond agent, or
19 runner may not:
20 (l) Execute a bond in this state if a judgment has
21 been entered on a bond executed by the bail bond agent, which
22 has remained unpaid for 35 60 days, unless the full amount of
23 the judgment is deposited with the clerk in accordance with s.
24 903.27(5).
25 Section 3. Paragraph (a) of subsection (1) of section
26 903.035, Florida Statutes, is amended to read:
27 903.035 Applications for bail; information provided;
28 hearing on application for modification; penalty for providing
29 false or misleading information or omitting material
30 information.--
31 (1)(a) All information provided by a defendant or any
2
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 other person, in connection with any application for or
2 attempt to secure bail, to any court, court personnel, or
3 individual soliciting or recording such information for the
4 purpose of evaluating eligibility for, or securing, bail for
5 the defendant, under circumstances such that the defendant or
6 such other person knew or should have known that the
7 information was to be used in connection with an application
8 for bail, shall be accurate, truthful, and complete without
9 omissions to the best knowledge of the defendant or such other
10 person. Inaccuracies or omissions by county, correctional, or
11 court employees shall not be grounds for discharging a
12 forfeiture or setting aside a judgment.
13 Section 4. Subsection (3) of section 903.21, Florida
14 Statutes, is amended to read:
15 903.21 Method of surrender; exoneration of obligors.--
16 (3) The surety shall be exonerated of liability on the
17 bond if it is determined prior to breach of the bond that the
18 defendant is in any jail or prison and the surety agrees in
19 writing to pay the transportation cost of returning the
20 defendant to the jurisdiction of the court. For purposes of
21 this subsection, "jurisdiction" means within the judicial
22 circuit as prescribed by law.
23 Section 5. Subsection (5) of section 903.26, Florida
24 Statutes, is amended, and subsection (8) is added to said
25 section, to read:
26 903.26 Forfeiture of the bond; when and how directed;
27 discharge; how and when made; effect of payment.--
28 (5) The court shall may discharge a forfeiture within
29 60 35 days upon:
30 (a) A determination that it was impossible for the
31 defendant to appear as required due to circumstances beyond
3
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 the defendant's control. The potential adverse economic
2 consequences of appearing as required shall not be considered
3 as constituting a ground for such a determination;
4 (b) A determination that, at the time of the required
5 appearance, the defendant was adjudicated insane and confined
6 in an institution or hospital or was confined in a jail or
7 prison; or
8 (c) Surrender or arrest of the defendant if the delay
9 has not thwarted the proper prosecution of the defendant. If
10 the forfeiture has been before discharge, the court shall
11 direct remission of the forfeiture. The court shall condition
12 a discharge or remission on the payment of costs and the
13 expenses incurred by an official in returning the defendant to
14 the jurisdiction of the court.
15 (8) If the defendant is arrested and returned to the
16 county of jurisdiction of the court prior to judgment, the
17 clerk, upon affirmation by the sheriff or the chief
18 correctional officer, shall, without further order of the
19 court, discharge the forfeiture of the bond. However, if the
20 surety agent fails to pay the costs and expenses incurred in
21 returning the defendant to the county of jurisdiction, the
22 clerk shall not discharge the forfeiture of the bond. If the
23 surety agent and the county attorney fail to agree on the
24 amount of said costs then the court, after notice to the
25 county attorney, shall determine the amount of the costs.
26 Section 6. Subsections (1), (3), (4) and (5) of
27 section 903.27, Florida Statutes, are amended to read:
28 903.27 Forfeiture to judgment.--
29 (1) If the forfeiture is not paid or discharged by
30 order of a court of competent jurisdiction within 60 35 days
31 and the bond is secured other than by money and bonds
4
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 authorized in s. 903.16, the clerk of the circuit court for
2 the county where the order was made shall enter a judgment
3 against the surety for the amount of the penalty and issue
4 execution. Within 10 days, the clerk shall furnish the
5 Department of Insurance with a certified copy of the judgment
6 docket and shall furnish the surety company at its home office
7 a copy of the judgment, which shall include the power of
8 attorney number of the bond and the name of the executing
9 agent. If the judgment is not paid within 35 60 days, the
10 clerk shall furnish the Department of Insurance and the
11 sheriff of the county in which the bond was executed, or the
12 official responsible for operation of the county jail, if
13 other than the sheriff, two copies of the judgment and a
14 certificate stating that the judgment remains unsatisfied.
15 When and if the judgment is properly paid or an order to
16 vacate the judgment has been entered by a court of competent
17 jurisdiction, the clerk shall immediately notify the sheriff,
18 or the official responsible for the operation of the county
19 jail, if other than the sheriff, and the Department of
20 Insurance, if the department had been previously notified of
21 nonpayment, of such payment or order to vacate the judgment.
22 The clerk shall also immediately prepare and record in the
23 public records a satisfaction of the judgment or record the
24 order to vacate judgment. If the defendant is returned to the
25 county of jurisdiction of the court, whenever a motion to set
26 aside the judgment is filed, the operation of this section is
27 tolled until the court makes a disposition of the motion.
28 (3) Surety bail bonds may not be executed by a bail
29 bond agent against whom a judgment has been entered which has
30 remained unpaid for 35 60 days and may not be executed for a
31 company against whom a judgment has been entered which has
5
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 remained unpaid for 50 75 days. No sheriff or other official
2 who is empowered to accept or approve surety bail bonds shall
3 accept or approve such a bond executed by such a bail bond
4 agent or executed for such a company until such judgment has
5 been paid.
6 (4) After notice of judgment against the surety given
7 by the clerk of the circuit court, the surety or bail bond
8 agent shall, within 35 60 days of the entry of judgment,
9 submit to the clerk of the circuit court an amount equal to
10 the judgment, unless the judgment has been set aside by the
11 court within 35 60 days of the entry of judgment. If a motion
12 to set aside the judgment has been filed pursuant to
13 subsection (5), the amount submitted shall be held in escrow
14 until such time as the court has disposed of the motion. The
15 failure to comply with the provisions of this subsection
16 constitutes a failure to pay the judgment.
17 (5) After notice of judgment against the surety given
18 by the clerk of the circuit court, the surety or bail bond
19 agent may within 35 60 days file a motion to set aside the
20 judgment or to stay the judgment. It shall be a condition of
21 any such motion and of any order to stay the judgment that the
22 surety pay the amount of the judgment to the clerk, which
23 amount shall be held in escrow until such time as the court
24 has disposed of the motion to set aside the judgment. The
25 filing of such a motion, when accompanied by the required
26 escrow deposit, shall act as an automatic stay of further
27 proceedings, including execution, until the motion has been
28 heard and a decision rendered by the court.
29 Section 7. Section 903.28, Florida Statutes, is
30 amended to read:
31 903.28 Remission of forfeiture; conditions.--
6
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 (1) On application within 2 years from forfeiture, the
2 court shall order remission of the forfeiture if it determines
3 that there was no breach of the bond.
4 (2) If the defendant surrenders or is apprehended
5 within 90 days after forfeiture, the court, on motion at a
6 hearing upon notice having been given to the county attorney
7 and state attorney as required in subsection (8), shall may
8 direct remission of up to, but not more than, 100 percent of a
9 forfeiture if the surety apprehended and surrendered the
10 defendant or if the apprehension or surrender of the defendant
11 was substantially procured or caused by the surety, or the
12 surety has substantially attempted to procure or cause the
13 apprehension or surrender of the defendant, and the delay has
14 not thwarted the proper prosecution of the defendant. In
15 addition, remission shall may be granted when the surety did
16 not substantially participate or attempt to participate in the
17 apprehension or surrender of the defendant when the costs of
18 returning the defendant to the jurisdiction of the court have
19 been deducted from the remission and when the delay has not
20 thwarted the proper prosecution of the defendant.
21 (3) If the defendant surrenders or is apprehended
22 within 180 days after forfeiture, the court, on motion at a
23 hearing upon notice having been given to the county attorney
24 and state attorney as required in subsection (8), shall may
25 direct remission of up to, but not more than, 95 percent of a
26 forfeiture if the surety apprehended and surrendered the
27 defendant or if the apprehension or surrender of the defendant
28 was substantially procured or caused by the surety, or the
29 surety has substantially attempted to procure or cause the
30 apprehension or surrender of the defendant, and the delay has
31 not thwarted the proper prosecution of the defendant. In
7
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 addition, remission shall may be granted when the surety did
2 not substantially participate or attempt to participate in the
3 apprehension or surrender of the defendant when the costs of
4 returning the defendant to the jurisdiction of the court have
5 been deducted from the remission and when the delay has not
6 thwarted the proper prosecution of the defendant.
7 (4) If the defendant surrenders or is apprehended
8 within 270 days after forfeiture, the court, on motion at a
9 hearing upon notice having been given to the county attorney
10 and state attorney as required in subsection (8), shall may
11 direct remission of up to, but not more than, 90 percent of a
12 forfeiture if the surety apprehended and surrendered the
13 defendant or if the apprehension or surrender of the defendant
14 was substantially procured or caused by the surety, or the
15 surety has substantially attempted to procure or cause the
16 apprehension or surrender of the defendant, and the delay has
17 not thwarted the proper prosecution of the defendant. In
18 addition, remission shall may be granted when the surety did
19 not substantially participate or attempt to participate in the
20 apprehension or surrender of the defendant when the costs of
21 returning the defendant to the jurisdiction of the court have
22 been deducted from the remission and when the delay has not
23 thwarted the proper prosecution of the defendant.
24 (5) If the defendant surrenders or is apprehended
25 within 1 year after forfeiture, the court, on motion at a
26 hearing upon notice having been given to the county attorney
27 and state attorney as required in subsection (8), shall may
28 direct remission of up to, but not more than, 85 percent of a
29 forfeiture if the surety apprehended and surrendered the
30 defendant or if the apprehension or surrender of the defendant
31 was substantially procured or caused by the surety, or the
8
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 surety has substantially attempted to procure or cause the
2 apprehension or surrender of the defendant, and the delay has
3 not thwarted the proper prosecution of the defendant. In
4 addition, remission shall may be granted when the surety did
5 not substantially participate or attempt to participate in the
6 apprehension or surrender of the defendant when the costs of
7 returning the defendant to the jurisdiction of the court have
8 been deducted from the remission and when the delay has not
9 thwarted the proper prosecution of the defendant.
10 (6) If the defendant surrenders or is apprehended
11 within 2 years after forfeiture, the court, on motion at a
12 hearing upon notice having been given to the county attorney
13 and state attorney as required in subsection (8), shall may
14 direct remission of up to, but not more than, 50 percent of a
15 forfeiture if the surety apprehended and surrendered the
16 defendant or if the apprehension or surrender of the defendant
17 was substantially procured or caused by the surety, or the
18 surety has substantially attempted to procure or cause the
19 apprehension or surrender of the defendant, and the delay has
20 not thwarted the proper prosecution of the defendant. In
21 addition, remission shall may be granted when the surety did
22 not substantially participate or attempt to participate in the
23 apprehension or surrender of the defendant when the costs of
24 returning the defendant to the jurisdiction of the court have
25 been deducted from the remission and when the delay has not
26 thwarted the proper prosecution of the defendant.
27 (7) The remission of a forfeiture may not be ordered
28 for any reason other than as specified herein.
29 (8) An application for remission must be accompanied
30 by affidavits setting forth the facts on which it is founded;
31 however, the surety must establish by further documentation or
9
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 other evidence any claimed attempt at procuring or causing the
2 apprehension or surrender of the defendant before the court
3 may order remission based upon an attempt to procure or cause
4 such apprehension or surrender. The state attorney and the
5 county attorney must be given 20 days' notice before a hearing
6 on an application and be furnished copies of all papers,
7 applications, and affidavits. Remission shall be granted on
8 the condition of payment of costs, unless the ground for
9 remission is that there was no breach of the bond.
10 Section 8. Section 903.31, Florida Statutes, is
11 amended to read:
12 903.31 Canceling the bond.--
13 (1) Within 10 business days after the conditions of a
14 bond have been satisfied or the forfeiture discharged or
15 remitted, the court shall order the bond canceled and, if the
16 surety has attached a certificate of cancellation to the
17 original bond, shall furnish an executed certificate of
18 cancellation to the surety without cost. An adjudication of
19 guilt or innocence of the defendant shall satisfy the
20 conditions of the bond. The original appearance bond shall
21 expire 36 months after such bond has been posted for the
22 release of the defendant from custody. This subsection does
23 not apply to cases in which a bond has been declared
24 forfeited.
25 (2) The original appearance bond shall not be
26 construed to guarantee deferred sentences, appearance during
27 or after a presentence investigation, appearance during or
28 after appeals, conduct during or appearance after admission to
29 a pretrial intervention program, payment of fines, or
30 attendance at educational or rehabilitation facilities the
31 court otherwise provides in the judgment. If the original
10
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885
HOUSE AMENDMENT
Bill No. HB 717
Amendment No. 1a (for drafter's use only)
1 appearance bond has been forfeited or revoked, the bond shall
2 not be reinstated without approval from the surety on the
3 original bond.
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, lines 2-4
9 remove from the title of the bill: all of said lines
10
11 and insert in lieu thereof:
12 An act relating to bail bonds; amending s.
13 648.386, F.S.; revising certain continuing
14 education requirements; amending s. 648.44,
15 F.S.; revising requirement relating to bail
16 bond agents; amending s.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
File original & 9 copies 03/30/99
hin0002 12:01 pm 00717-in -513885