CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 607
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Cantens offered the following:
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13 Amendment (with title amendment)
14 On page 8, lines 13 - 19,
15 remove from the bill: said lines
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17 and insert in lieu thereof:
18 Section 4. Subsections (2) and (3) of section 903.26,
19 Florida Statutes, are amended to read:
20 903.26 Forfeiture of the bond; when and how directed;
21 discharge; how and when made; effect of payment.--
22 (2)(a) If there is a breach of the bond, the court
23 shall declare the bond and any bonds or money deposited as
24 bail forfeited. The clerk of the court shall mail a notice to
25 the surety agent and surety company in writing within 5 days
26 of the forfeiture. A certificate signed by the clerk of the
27 court or the clerk's designee, certifying that the notice
28 required herein was mailed on a specified date and accompanied
29 by a copy of the required notice, shall constitute sufficient
30 proof that such mailing was properly accomplished as indicated
31 therein. If such mailing was properly accomplished as
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File original & 9 copies 04/05/00
hcp0004 11:10 am 00607-0114-305619
HOUSE AMENDMENT
Bill No. CS/HB 607
Amendment No. (for drafter's use only)
1 evidenced by such certificate, the failure of the surety
2 agent, of a company, or of a defendant to receive such mail
3 notice shall not constitute a defense to such forfeiture and
4 shall not be grounds for discharge, remission, reduction, set
5 aside, or continuance of such forfeiture. The forfeiture
6 shall be paid within 60 35 days of the date the notice was
7 mailed.
8 (b) Failure of the defendant to appear at the time,
9 date, and place of required appearance shall result in
10 forfeiture of the bond. Such forfeiture shall be
11 automatically entered by the clerk upon such failure to
12 appear, and the clerk shall follow the procedures outlined in
13 paragraph (a). However, the court may determine, in its
14 discretion, in the interest of justice, that an appearance by
15 the defendant on the same day as required does not warrant
16 forfeiture of the bond; and the court may direct the clerk to
17 set aside any such forfeiture which may have been entered.
18 Any appearance by the defendant later than the required day
19 constitutes forfeiture of the bond, and the court shall not
20 preclude entry of such forfeiture by the clerk.
21 (c) If there is a breach of the bond, the clerk shall
22 provide, upon request, a certified copy of the warrant or
23 capias to the bail bond agent or surety company.
24 (3) Sixty Thirty-five days after the forfeiture notice
25 has been mailed:
26 (a) State and county officials having custody of
27 forfeited money shall deposit the money in the county fine and
28 forfeiture fund;
29 (b) Municipal officials having custody of forfeited
30 money shall deposit the money in a designated municipal fund;
31 (c) Officials having custody of bonds as authorized by
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hcp0004 11:10 am 00607-0114-305619
HOUSE AMENDMENT
Bill No. CS/HB 607
Amendment No. (for drafter's use only)
1 s. 903.16 shall transmit the bonds to the clerk of the circuit
2 court who shall sell them at market value and disburse the
3 proceeds as provided in paragraphs (a) and (b).
4 Section 5. Rules 3.131 and 3.132, Florida Rules of
5 Criminal Procedure, are repealed to the extent that the rules
6 are inconsistent with this act.
7 Section 6. This act shall take effect upon becoming a
8 law, except that section 5 shall take effect only if this act
9 is passed by the affirmative vote of two-thirds of the
10 membership of each house of the Legislature.
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14 And the title is amended as follows:
15 On page 1, line 13, after the semicolon
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17 and insert:
18 amending s. 903.26, F.S.; revising time period
19 for bond forfeiture payment and notice;
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File original & 9 copies 04/05/00
hcp0004 11:10 am 00607-0114-305619