House Bill hb0815
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Florida House of Representatives - 2002 HB 815
By Representative Green
1 A bill to be entitled
2 An act relating to bail bonds; amending s.
3 903.045, F.S.; providing for costs for services
4 by the clerk of the court; amending s. 903.26,
5 F.S.; limiting circumstances under which the
6 court may order discharge of a forfeiture;
7 requiring that certain written factual findings
8 be included in said orders; amending s. 903.28,
9 F.S.; requiring remission to be paid by the
10 county within a specified time period;
11 requiring payment of interest on remission
12 under certain circumstances; providing an
13 effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 903.045, Florida Statutes, is
18 amended to read:
19 903.045 Nature of criminal surety bail bonds; costs
20 for services.--
21 (1) It is the public policy of this state and the
22 intent of the Legislature that a criminal surety bail bond,
23 executed by a bail bond agent licensed pursuant to chapter 648
24 in connection with the pretrial or appellate release of a
25 criminal defendant, shall be construed as a commitment by and
26 an obligation upon the bail bond agent to ensure that the
27 defendant appears at all subsequent criminal proceedings and
28 otherwise fulfills all conditions of the bond. The failure of
29 a defendant to appear at any subsequent criminal proceeding or
30 the breach by the defendant of any other condition of the bond
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Florida House of Representatives - 2002 HB 815
705-163-02
1 constitutes a breach by the bail bond agent of this commitment
2 and obligation.
3 (2) Costs for services by the clerk of a circuit or a
4 county court, whether required by law or as a result of a
5 request by the parties, as a consequence of the defendant's
6 failure to appear or by otherwise failing to fulfill the
7 conditions of the bond, shall be charged to the bail bond
8 agent as provided in ss. 28.24 and 34.041.
9 Section 2. Subsection (6) of section 903.26, Florida
10 Statutes, is amended to read:
11 903.26 Forfeiture of the bond; when and how directed;
12 discharge; how and when made; effect of payment.--
13 (6) The discharge of a forfeiture by the court shall
14 not be ordered for any reason other than as specified in
15 paragraph (2)(b) and paragraphs (5)(a) and (b) herein. The
16 court shall include written factual findings in all orders for
17 discharge.
18 Section 3. Subsection (9) is added to section 903.28,
19 Florida Statutes, to read:
20 903.28 Remission of forfeiture; conditions.--
21 (9) The county shall within 45 days after the receipt
22 of the order from the court directing remission pay the amount
23 of the remission. If payment is not made within 45 days,
24 interest on the amount of the remission shall be paid at the
25 statutory rate of interest from the date of the order
26 directing bond remission.
27 Section 4. This act shall take effect July 1, 2002.
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Florida House of Representatives - 2002 HB 815
705-163-02
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2 HOUSE SUMMARY
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Revises provisions relating to bail bonds. Provides for
4 costs for services by the clerk of the court in criminal
proceedings when the defendant fails to appear. Limits
5 circumstances under which the court may order discharge
of a forfeiture. Requires that certain written factual
6 findings be included in said orders. Requires remission
to be paid by the county within a specified time period.
7 Requires payment of interest on remission under certain
circumstances.
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