CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Diaz-Balart moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (d) of subsection (2) of section
18 903.046, Florida Statutes, is amended, present paragraph (j)
19 of that subsection is redesignated as paragraph (k), and a new
20 paragraph (j) is added to that subsection to read:
21 903.046 Purpose of and criteria for bail
22 determination.--
23 (2) When determining whether to release a defendant on
24 bail or other conditions, and what that bail or those
25 conditions may be, the court shall consider:
26 (d) The defendant's past and present conduct,
27 including any record of convictions, previous flight to avoid
28 prosecution, or failure to appear at court proceedings.
29 However, any defendant who previously had willfully and
30 knowingly failed to appear on the day of any required court
31 proceeding in the case at issue and breached a bond as
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SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 specified in s. 903.26, but who had later voluntarily appeared
2 or surrendered, shall not be eligible for a recognizance bond;
3 and any defendant who willfully and knowingly failed to appear
4 on the day of any required court proceeding in the case at
5 issue and breached a bond as specified in s. 903.26 and who
6 was later arrested at any time following forfeiture shall not
7 be eligible for a recognizance bond or for any form of bond
8 which does not require a monetary undertaking or commitment
9 equal to or greater than $2,000 or twice the value of the
10 monetary commitment or undertaking of the original bond,
11 whichever is greater. Notwithstanding anything in this
12 section, the court has discretion in determining conditions of
13 release if the defendant proves circumstances beyond his or
14 her control for the failure to appear. This section may not be
15 construed as imposing additional duties or obligations on a
16 governmental entity related to monetary bonds.
17 (j) Whether there is probable cause to believe that
18 the defendant committed a new crime while on pretrial release.
19 Section 2. Subsections (3) and (4) of section 907.041,
20 Florida Statutes, are amended to read:
21 907.041 Pretrial detention and release.--
22 (3) RELEASE ON NONMONETARY CONDITIONS.--
23 (a) It is the intent of the Legislature to create a
24 presumption in favor of release on nonmonetary conditions for
25 any person who is granted pretrial release unless such person
26 is charged with a dangerous crime as defined in subsection
27 (4). Such person shall be released on monetary conditions
28 only if it is determined that such monetary conditions are
29 necessary to assure the presence of the person at trial or at
30 other proceedings, to protect the community from risk of
31 physical harm to persons, to assure the presence of the
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SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 accused at trial, or to assure the integrity of the judicial
2 process.
3 (b) No person shall be released on nonmonetary
4 conditions under the supervision of a pretrial release
5 service, unless the service certifies to the court that it has
6 investigated or otherwise verified:
7 1. The circumstances of the accused's family,
8 employment, financial resources, character, mental condition,
9 and length of residence in the community;
10 2. The accused's record of convictions, of appearances
11 at court proceedings, of flight to avoid prosecution, or of
12 failure to appear at court proceedings; and
13 3. Other facts necessary to assist the court in its
14 determination of the indigency of the accused and whether she
15 or he should be released under the supervision of the service.
16 (4) PRETRIAL DETENTION.--
17 (a) As used in this subsection, "dangerous crime"
18 means any of the following:
19 1. Arson;
20 2. Aggravated assault;
21 3. Aggravated battery;
22 4. Illegal use of explosives;
23 5. Child abuse or aggravated child abuse;
24 6. Abuse of an elderly person or disabled adult, or
25 aggravated abuse of an elderly person or disabled adult;
26 7. Hijacking;
27 8. Kidnapping;
28 9. Homicide;
29 10. Manslaughter;
30 11. Sexual battery;
31 12. Robbery;
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Amendment No.
1 13. Carjacking;
2 14. Lewd, lascivious, or indecent assault or act upon
3 or in presence of a child under the age of 16 years;
4 15. Sexual activity with a child, who is 12 years of
5 age or older but less than 18 years of age, by or at
6 solicitation of person in familial or custodial authority;
7 16. Burglary of a dwelling;
8 17. Stalking and aggravated stalking;
9 18. Act of domestic violence as defined in s. 741.28;
10 and
11 19. Attempting or conspiring to commit any such crime;
12 and home-invasion robbery.
13 (b) No person charged with a dangerous crime shall be
14 granted nonmonetary pretrial release at a first appearance
15 hearing; however, the court shall retain the discretion to
16 release an accused on electronic monitoring or on recognizance
17 bond if the findings on the record of facts and circumstances
18 warrant such a release.
19 (c)(b) The court may order pretrial detention if it
20 finds a substantial probability, based on a defendant's past
21 and present patterns of behavior, the criteria in s. 903.046,
22 and any other relevant facts, that:
23 1. The defendant has previously violated conditions of
24 release and that no further conditions of release are
25 reasonably likely to assure the defendant's appearance at
26 subsequent proceedings;
27 2. The defendant, with the intent to obstruct the
28 judicial process, has threatened, intimidated, or injured any
29 victim, potential witness, juror, or judicial officer, or has
30 attempted or conspired to do so, and that no condition of
31 release will reasonably prevent the obstruction of the
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Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 judicial process;
2 3. The defendant is charged with trafficking in
3 controlled substances as defined by s. 893.135, that there is
4 a substantial probability that the defendant has committed the
5 offense, and that no conditions of release will reasonably
6 assure the defendant's appearance at subsequent criminal
7 proceedings; or
8 4. The defendant poses the threat of harm to the
9 community. The court may so conclude, if it finds that the
10 defendant is presently charged with a dangerous crime, that
11 there is a substantial probability that the defendant
12 committed such crime, that the factual circumstances of the
13 crime indicate a disregard for the safety of the community,
14 and that there are no conditions of release reasonably
15 sufficient to protect the community from the risk of physical
16 harm to persons. In addition, the court must find that at
17 least one of the following conditions is present:
18 a. The defendant has previously been convicted of a
19 crime punishable by death or life imprisonment.
20 b. The defendant has been convicted of a dangerous
21 crime within the 10 years immediately preceding the date of
22 his or her arrest for the crime presently charged.
23 c. The defendant is on probation, parole, or other
24 release pending completion of sentence or on pretrial release
25 for a dangerous crime at the time of the current arrest.
26 (d)(c) When a person charged with a crime for which
27 pretrial detention could be ordered is arrested, the arresting
28 agency shall promptly notify the state attorney of the arrest
29 and shall provide the state attorney with such information as
30 the arresting agency has obtained relative to:
31 1. The nature and circumstances of the offense
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Amendment No.
1 charged;
2 2. The nature of any physical evidence seized and the
3 contents of any statements obtained from the defendant or any
4 witness;
5 3. The defendant's family ties, residence, employment,
6 financial condition, and mental condition; and
7 4. The defendant's past conduct and present conduct,
8 including any record of convictions, previous flight to avoid
9 prosecution, or failure to appear at court proceedings.
10 (e)(d) When a person charged with a crime for which
11 pretrial detention could be ordered is arrested, the arresting
12 agency may detain such defendant, prior to the filing by the
13 state attorney of a motion seeking pretrial detention, for a
14 period not to exceed 24 hours.
15 (f)(e) The court shall order detention only after a
16 pretrial detention hearing. The hearing shall be held within
17 5 days of the filing by the state attorney of a complaint to
18 seek pretrial detention. The defendant may request a
19 continuance. No continuance shall be for longer than 5 days
20 unless there are extenuating circumstances. The defendant may
21 be detained pending the hearing. The state attorney shall be
22 entitled to one continuance for good cause.
23 (g)(f) The state attorney has the burden of showing
24 the need for pretrial detention.
25 (h)(g) The defendant is entitled to be represented by
26 counsel, to present witnesses and evidence, and to
27 cross-examine witnesses. The court may admit relevant
28 evidence without complying with the rules of evidence, but
29 evidence secured in violation of the United States
30 Constitution or the Constitution of the State of Florida shall
31 not be admissible. No testimony by the defendant shall be
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Amendment No.
1 admissible to prove guilt at any other judicial proceeding,
2 but such testimony may be admitted in an action for perjury,
3 based upon the defendant's statements made at the pretrial
4 detention hearing, or for impeachment.
5 (i)(h) The pretrial detention order of the court shall
6 be based solely upon evidence produced at the hearing and
7 shall contain findings of fact and conclusions of law to
8 support it. The order shall be made either in writing or
9 orally on the record. The court shall render its findings
10 within 24 hours of the pretrial detention hearing.
11 (j)(i) If ordered detained pending trial pursuant to
12 subparagraph (c)4. (b)4., the defendant may not be held for
13 more than 90 days. Failure of the state to bring the
14 defendant to trial within that time shall result in the
15 defendant's release from detention, subject to any conditions
16 of release, unless the trial delay was requested or caused by
17 the defendant or his or her counsel.
18 (k)(j) A defendant convicted at trial following the
19 issuance of a pretrial detention order shall have credited to
20 his or her sentence, if imprisonment is imposed, the time the
21 defendant was held under the order, pursuant to s. 921.161.
22 (l)(k) The defendant shall be entitled to dissolution
23 of the pretrial detention order whenever the court finds that
24 a subsequent event has eliminated the basis for detention.
25 Section 3. Section 903.0471, Florida Statutes, is
26 created to read:
27 903.0471 Violation of condition of pretrial
28 release.--Notwithstanding s. 907.041, a court may, on its own
29 motion, revoke pretrial release and order pretrial detention
30 if the court finds probable cause to believe that the
31 defendant committed a new crime while on pretrial release.
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SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 Section 4. Subsections (2) and (3) of section 903.26,
2 Florida Statutes, are amended to read:
3 903.26 Forfeiture of the bond; when and how directed;
4 discharge; how and when made; effect of payment.--
5 (2)(a) If there is a breach of the bond, the court
6 shall declare the bond and any bonds or money deposited as
7 bail forfeited. The clerk of the court shall mail a notice to
8 the surety agent and surety company in writing within 5 days
9 of the forfeiture. A certificate signed by the clerk of the
10 court or the clerk's designee, certifying that the notice
11 required herein was mailed on a specified date and accompanied
12 by a copy of the required notice, shall constitute sufficient
13 proof that such mailing was properly accomplished as indicated
14 therein. If such mailing was properly accomplished as
15 evidenced by such certificate, the failure of the surety
16 agent, of a company, or of a defendant to receive such mail
17 notice shall not constitute a defense to such forfeiture and
18 shall not be grounds for discharge, remission, reduction, set
19 aside, or continuance of such forfeiture. The forfeiture
20 shall be paid within 60 35 days of the date the notice was
21 mailed.
22 (b) Failure of the defendant to appear at the time,
23 date, and place of required appearance shall result in
24 forfeiture of the bond. Such forfeiture shall be
25 automatically entered by the clerk upon such failure to
26 appear, and the clerk shall follow the procedures outlined in
27 paragraph (a). However, the court may determine, in its
28 discretion, in the interest of justice, that an appearance by
29 the defendant on the same day as required does not warrant
30 forfeiture of the bond; and the court may direct the clerk to
31 set aside any such forfeiture which may have been entered.
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SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 Any appearance by the defendant later than the required day
2 constitutes forfeiture of the bond, and the court shall not
3 preclude entry of such forfeiture by the clerk.
4 (c) If there is a breach of the bond, the clerk shall
5 provide, upon request, a certified copy of the warrant or
6 capias to the bail bond agent or surety company.
7 (3) Sixty Thirty-five days after the forfeiture notice
8 has been mailed:
9 (a) State and county officials having custody of
10 forfeited money shall deposit the money in the county fine and
11 forfeiture fund;
12 (b) Municipal officials having custody of forfeited
13 money shall deposit the money in a designated municipal fund;
14 (c) Officials having custody of bonds as authorized by
15 s. 903.16 shall transmit the bonds to the clerk of the circuit
16 court who shall sell them at market value and disburse the
17 proceeds as provided in paragraphs (a) and (b).
18 Section 5. Rules 3.131 and 3.132, Florida Rules of
19 Criminal Procedure, are repealed to the extent that the rules
20 are inconsistent with this act.
21 Section 6. This act shall take effect upon becoming a
22 law, except that section 5 shall take effect only if this act
23 is passed by the affirmative vote of two-thirds of the
24 membership of each house of the Legislature.
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 Delete everything before the enacting clause
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31 and insert:
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SENATE AMENDMENT
Bill No. CS/HB 607, 1st Eng.
Amendment No.
1 A bill to be entitled
2 An act relating to pretrial release; amending
3 s. 903.046, F.S.; revising criteria for bail
4 determination; amending s. 907.041, F.S.;
5 prohibiting persons charged with dangerous
6 crimes from being placed on pretrial release on
7 nonmonetary conditions at first appearance
8 hearings; providing criteria for pretrial
9 release on nonmonetary conditions; creating s.
10 903.0471, F.S.; authorizing a court to order
11 pretrial detention for persons on pretrial
12 release who commit new crimes under certain
13 circumstances; amending s. 903.26, F.S.;
14 revising time period for bond forfeiture
15 payment and notice; repealing Rules 3.131 and
16 3.132, Florida Rules of Criminal Procedure,
17 relating to pretrial release and pretrial
18 detention, to the extent those rules are
19 inconsistent with this act; providing an
20 effective date.
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