CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 8, lines 13 through 19, delete those lines

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16  and insert:

17         Section 4.  Subsections (2) and (3) of section 903.26,

18  Florida Statutes, are amended to read:

19         903.26  Forfeiture of the bond; when and how directed;

20  discharge; how and when made; effect of payment.--

21         (2)(a)  If there is a breach of the bond, the court

22  shall declare the bond and any bonds or money deposited as

23  bail forfeited.  The clerk of the court shall mail a notice to

24  the surety agent and surety company in writing within 5 days

25  of the forfeiture.  A certificate signed by the clerk of the

26  court or the clerk's designee, certifying that the notice

27  required herein was mailed on a specified date and accompanied

28  by a copy of the required notice, shall constitute sufficient

29  proof that such mailing was properly accomplished as indicated

30  therein.  If such mailing was properly accomplished as

31  evidenced by such certificate, the failure of the surety

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    





 1  agent, of a company, or of a defendant to receive such mail

 2  notice shall not constitute a defense to such forfeiture and

 3  shall not be grounds for discharge, remission, reduction, set

 4  aside, or continuance of such forfeiture.  The forfeiture

 5  shall be paid within 60 35 days of the date the notice was

 6  mailed.

 7         (b)  Failure of the defendant to appear at the time,

 8  date, and place of required appearance shall result in

 9  forfeiture of the bond.  Such forfeiture shall be

10  automatically entered by the clerk upon such failure to

11  appear, and the clerk shall follow the procedures outlined in

12  paragraph (a). However, the court may determine, in its

13  discretion, in the interest of justice, that an appearance by

14  the defendant on the same day as required does not warrant

15  forfeiture of the bond; and the court may direct the clerk to

16  set aside any such forfeiture which may have been entered.

17  Any appearance by the defendant later than the required day

18  constitutes forfeiture of the bond, and the court shall not

19  preclude entry of such forfeiture by the clerk.

20         (c)  If there is a breach of the bond, the clerk shall

21  provide, upon request, a certified copy of the warrant or

22  capias to the bail bond agent or surety company.

23         (3)  Sixty Thirty-five days after the forfeiture notice

24  has been mailed:

25         (a)  State and county officials having custody of

26  forfeited money shall deposit the money in the county fine and

27  forfeiture fund;

28         (b)  Municipal officials having custody of forfeited

29  money shall deposit the money in a designated municipal fund;

30         (c)  Officials having custody of bonds as authorized by

31  s. 903.16 shall transmit the bonds to the clerk of the circuit

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    





 1  court who shall sell them at market value and disburse the

 2  proceeds as provided in paragraphs (a) and (b).

 3         Section 5.  Rules 3.131 and 3.132, Florida Rules of

 4  Criminal Procedure, are repealed to the extent that the rules

 5  are inconsistent with this act.

 6         Section 6.  This act shall take effect upon becoming a

 7  law, except that section 5 shall take effect only if this act

 8  is passed by the affirmative vote of two-thirds of the

 9  membership of each house of the Legislature.

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12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, line 13, after the semicolon

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16  and insert:

17         amending s. 903.26, F.S.; revising time period

18         for bond forfeiture payment and notice;

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