HOUSE AMENDMENT Bill No. HB 1185 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Cantens offered the following:
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14	Amendment (with directory and title amendments)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Section 903.0465, Florida Statutes, is created
18	to read:
19	903.0465 Determination of bail at first appearance.--In
20	any case in which a defendant is before the court at a first
21	appearance hearing based on the execution of an arrest warrant,
22	the judge at the first appearance hearing may not reduce the
23	amount of bail indicated on the warrant, unless the judge
24	issuing the warrant indicates that the matter of bail may be
25	reconsidered at the first appearance hearing. This section does
26	not apply when the judge at the first appearance hearing is also
27	the judge who issued the warrant or when the judge at the first
28	appearance hearing is the judge to whom the case has been
29	assigned.
30	Section 2. Section 903.0471, Florida Statutes, is amended
31	to read:
32	903.0471 Violation of condition of pretrial
33	release.--Notwithstanding s. 907.041, a court may, on its own
34	motion, revoke pretrial release and order pretrial detention if
35	the court finds probable cause to believe that the defendant
36	committed a new crime while on pretrial release. A finding of
37	probable cause under this section may, in the court's
38	discretion, be determined based upon the affidavit of a law
39	enforcement officer without an evidentiary hearing.
40	Section 3. Subsection (4) is added to section 903.02,
41	Florida Statutes, to read:
42	903.02 Actions with respect to denial or conditions of
43	bail or amount of bond prohibited; "court" defined.--
44	(4) Any judge setting or granting monetary bail shall set
45	a separate and specific bail amount for each charge or offense.
46	When bail is posted, each charge or offense requires a separate
47	bond.
48	Section 4. Subsection (3) is added to section 903.046,
49	Florida Statutes, to read:
50	903.046 Purpose of and criteria for bail determination.--
51	(3) If a defendant is charged with a second or subsequent
52	felony within 3 years after the date of a prior felony
53	conviction, regardless of whether adjudication was withheld, the
54	defendant forfeits the right to a presumption in favor of
55	release on nonmonetary conditions as provided in s. 907.041.
56	Section 5. Subsection (1) of section 903.047, Florida
57	Statutes, is amended to read:
58	903.047 Conditions of pretrial release.--
59	(1) As a condition of pretrial release, whether such
60	release is by surety bail bond or recognizance bond or in some
61	other form, the court shall require that:
62	(a) The defendant shallrefrain from criminal activity of
63	any kind.; and
64	(b) The defendant shallrefrain from any contact of any
65	type with the victim, except through pretrial discovery pursuant
66	to the Florida Rules of Criminal Procedure.
67	(c) The defendant shall comply with all conditions of
68	pretrial release.
69	Section 6. Subsection (5) of section 903.26, Florida
70	Statutes, is amended to read:
71	903.26 Forfeiture of the bond; when and how directed;
72	discharge; how and when made; effect of payment.--
73	(5) The court shall discharge a forfeiture within 60 days
74	upon:
75	(a) A determination that it was impossible for the
76	defendant to appear as required due to circumstances beyond the
77	defendant's control. The potential adverse economic consequences
78	of appearing as required shall not be considered as constituting
79	a ground for such a determination.;
80	(b) A determination that, at the time of the required
81	appearance, the defendant was adjudicated insane and confined in
82	an institution or hospital or was confined in a jail or prison.;
83	(c) Surrender or arrest of the defendant if the delay has
84	not thwarted the proper prosecution of the defendant. If the
85	forfeiture has been before discharge, the court shall direct
86	remission of the forfeiture. The court shall condition a
87	discharge or remission on the payment of costs and the expenses
88	incurred by an official in returning the defendant to the
89	jurisdiction of the court.
90	(d) Refusal of the state attorney to institute extradition
91	proceedings or extradite the principal on a bail bond, after the
92	surety has agreed in writing to pay actual transportation costs,
93	exonerates the surety, and any forfeiture or judgment is set
94	aside or vacated and any payment by the surety of a forfeiture
95	or judgment is remitted in full as provided in s. 903.28.
96	Section 7. Subsection (1) of section 903.27, Florida
97	Statutes, is amended to read:
98	903.27 Forfeiture to judgment.--
99	(1) If the forfeiture is not paid or discharged by order
100	of a court of competent jurisdiction within 60 days and the bond
101	is secured other than by money and bonds authorized in s.
102	903.16, the clerk of the circuit court for the county where the
103	order was made shall enter a judgment against the surety for the
104	amount of the penalty and issue execution. However, in any case
105	in which the bond forfeiture has been discharged by the court of
106	competent jurisdiction conditioned upon the payment by the
107	surety of certain costs or fees as allowed by statute, the
108	amount for which judgment may be entered may not exceed the
109	amount of the unpaid fees or costs upon which the discharge had
110	been conditioned. Judgment for the full amount of the forfeiture
111	shall not be entered if payment of a lesser amount will satisfy
112	the conditions to discharge the forfeiture.Within 10 days, the
113	clerk shall furnish the Department of Insurance with a certified
114	copy of the judgment docket and shall furnish the surety company
115	at its home office a copy of the judgment, which shall include
116	the power of attorney number of the bond and the name of the
117	executing agent. If the judgment is not paid within 35 days, the
118	clerk shall furnish the Department of Insurance and the sheriff
119	of the county in which the bond was executed, or the official
120	responsible for operation of the county jail, if other than the
121	sheriff, two copies of the judgment and a certificate stating
122	that the judgment remains unsatisfied. When and if the judgment
123	is properly paid or an order to vacate the judgment has been
124	entered by a court of competent jurisdiction, the clerk shall
125	immediately notify the sheriff, or the official responsible for
126	the operation of the county jail, if other than the sheriff, and
127	the Department of Insurance, if the department had been
128	previously notified of nonpayment, of such payment or order to
129	vacate the judgment. The clerk shall also immediately prepare
130	and record in the public records a satisfaction of the judgment
131	or record the order to vacate judgment. If the defendant is
132	returned to the county of jurisdiction of the court, whenever a
133	motion to set aside the judgment is filed, the operation of this
134	section is tolled until the court makes a disposition of the
135	motion.
136	Section 8. Section 903.31, Florida Statutes, is amended to
137	read:
138	903.31 Canceling the bond.--
139	(1) Within 10 business days after the conditions of a bond
140	have been satisfied or the forfeiture discharged or remitted,
141	the court shall order the bond shall becanceled and, if the
142	surety has attached a certificate of cancellation to the
143	original bond, the clerk of the courtshall furnish an executed
144	certificate of cancellation to the surety without cost. An
145	adjudication of guilt or innocence of the defendant shall
146	satisfy the conditions of the bond. The original appearance bond
147	shall expire 36 months after such bond has been posted for the
148	release of the defendant from custody. This subsection does not
149	apply to cases in which a bond has been declared forfeited.
150	(2) The original appearance bond doesshall not be
151	construed toguarantee deferred sentences, appearance during or
152	after a presentence investigation, appearance during or after
153	appeals, conduct during or appearance after admission to a
154	pretrial intervention program,payment of fines, or attendance
155	at educational or rehabilitation facilities the court otherwise
156	provides in the judgment. If the original appearance bond has
157	been forfeited or revoked, the bond shall not be reinstated
158	without approval from the surety on the original bond.
159	(3) The original appearance bond does not guarantee the
160	defendant's conduct or appearance in court at any time after:
161	(a) The defendant enters a plea of guilty or nolo
162	contendere.
163	(b) The defendant enters into an agreement for deferred
164	prosecution or agrees to enter a pretrial intervention program.
165	(c) The defendant is acquitted.
166	(d) The defendant is adjudicated guilty.
167	(e) Adjudication of guilt of the defendant is withheld.
168	(f) The defendant is found guilty by a judge or jury.
169	(4)(3)In any case where no formal charges have been
170	brought against the defendant within 365 days after arrest, the
171	court shall order the bond canceled unless good cause is shown
172	by the state.
173	Section 9. Subsection (3) and paragraphs (a) and (b) of
174	subsection (4) of section 907.041, Florida Statutes, are amended
175	to read:
176	907.041 Pretrial detention and release.--
177	(3) RELEASE ON NONMONETARY CONDITIONS.--
178	(a) It is the intent of the Legislature to create a
179	presumption in favor of release on nonmonetary conditions for
180	any person who is granted pretrial release unless such person is
181	charged with a dangerous crime as defined in subsection (4).
182	Such person shall be released on monetary conditions if it is
183	determined that such monetary conditions are necessary to assure
184	the presence of the person at trial or at other proceedings, to
185	protect the community from risk of physical harm to persons, to
186	assure the presence of the accused at trial, or to assure the
187	integrity of the judicial process.
188	(b) ANo person may not be accepted for releaseshall be
189	releasedon nonmonetary conditions under the supervision of a
190	pretrial release service, unless the service certifies in
191	writing and has provided a report to the court for reviewthat
192	it has investigated or otherwise verified:
193	1. The circumstances of the accused's family, employment,
194	financial resources, character, mental condition, and length of
195	residence in the community.;
196	2. The accused's record of convictions, of appearances at
197	court proceedings, of flight to avoid prosecution, or of failure
198	to appear at court proceedings.; and
199	3. Other facts necessary to assist the court in its
200	determination of the indigency of the accused and whether she or
201	he should be released under the supervision of the service.
202	(4) PRETRIAL DETENTION.--
203	(a) As used in this subsection, "dangerous crime" means
204	any of the following:
205	1. Arson;
206	2. Aggravated assault;
207	3. Aggravated battery;
208	4. Illegal use of explosives;
209	5. Child abuse or aggravated child abuse;
210	6. Abuse of an elderly person or disabled adult, or
211	aggravated abuse of an elderly person or disabled adult;
212	7. Aircraft piracy;
213	8. Kidnapping;
214	9. Homicide;
215	10. Manslaughter;
216	11. Sexual battery;
217	12. Robbery;
218	13. Carjacking;
219	14. Lewd, lascivious, or indecent assault or act upon or
220	in presence of a child under the age of 16 years;
221	15. Sexual activity with a child, who is 12 years of age
222	or older but less than 18 years of age, by or at solicitation of
223	person in familial or custodial authority;
224	16. Burglary of a dwelling;
225	17. Stalking and aggravated stalking;
226	18. Act of domestic violence as defined in s. 741.28;
227	19. Home invasion robbery;
228	20. Act of terrorism as defined in s. 775.30; and
229	21. Attempting or conspiring to commit any such crime.
230	(b) Pursuant to the provisions of paragraph (3)(b)No
231	person charged with a dangerous crime shall be granted
232	nonmonetary pretrial release at a first appearance hearing;
233	however, the court shall retain the discretion to release a
234	personan accused of a dangerous crimeon electronic monitoring
235	or on recognizance bond if the findings on the record of facts
236	and circumstances warrant such a release.
237	Section 10. This act shall take effect upon becoming a
238	law.
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241	================= T I T L E A M E N D M E N T =================
242
243	Remove everything after the enacting clause, and insert:
244
245	A bill to be entitled
246	An act relating to persons awaiting trial; creating s. 903.0465,
247	F.S.; providing that a judge at a first appearance may not
248	reduce bail set by another judge issuing an arrest warrant;
249	amending s. 903.0471, F.S.; authorizing a court to make a
250	finding of probable cause on the basis of an affidavit of a law
251	enforcement officer when a person on pretrial release is
252	arrested for a new law violation; amending s. 903.02, F.S.;
253	providing that any judge setting or granting bail shall set a
254	separate bail amount for each charge or offense; amending s.
255	903.046, F.S.; providing that a defendant forfeits the right to
256	a presumption in favor of release on nonmonetary conditions if
257	charged with a second or subsequent felony within a certain time
258	period; amending s. 903.047, F.S.; providing for standard
259	conditions of pretrial release without the trial judge stating
260	such conditions on the record; requiring a defendant to comply
261	with all conditions of a pretrial release program; amending s.
262	903.26, F.S.; providing that refusal of the state attorney to
263	institute extradition proceedings or extradite the principal on
264	a bail bond, after the surety's written agreement to pay actual
265	transportation costs, exonerates the surety; amending s. 903.27,
266	F.S.; providing that in cases in which the bond forfeiture has
267	been discharged by the court, the amount of the judgment may not
268	exceed the amount of the unpaid fees or costs upon which the
269	discharge had been conditioned; amending s. 903.31, F.S.;
270	providing that the clerk of court shall furnish an executed
271	certificate of cancellation to the surety; providing that the
272	original appearance bond does not guarantee the defendant's
273	conduct or appearance in court at any time under certain
274	circumstances; amending s. 907.041, F.S.; requiring a pretrial
275	release service to certify to the court in writing that it has
276	conducted certain investigations and verified specified
277	conditions before an accused is released on nonmonetary
278	conditions; revising requirements for the pretrial release of a
279	person charged with a dangerous crime; providing an effective
280	date.