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
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 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.--

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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.--

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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