HB 1185 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to persons awaiting trial; creating s.
13	903.0465, F.S.; providing that a judge at a first
14	appearance may not reduce bail set by another judge
15	issuing an arrest warrant; amending s. 903.0471, F.S.;
16	authorizing a court to make a finding of probable cause on
17	the basis of an affidavit of a law enforcement officer
18	when a person on pretrial release is arrested for a new
19	law violation; amending s. 903.02, F.S.; providing that
20	any judge setting or granting bail shall set a separate
21	bail amount for each charge or offense; amending s.
22	903.046, F.S.; providing that a defendant forfeits the
23	right to a presumption in favor of release on nonmonetary
24	conditions if charged with a second or subsequent felony
25	within a certain time period; amending s. 903.047, F.S.;
26	providing for standard conditions of pretrial release
27	without the trial judge stating such conditions on the
28	record; requiring a defendant to comply with all
29	conditions of a pretrial release program; amending s.
30	903.26, F.S.; providing that refusal of the state attorney
31	to institute extradition proceedings or extradite the
32	principal on a bail bond, after the surety's written
33	agreement to pay actual transportation costs, exonerates
34	the surety; amending s. 903.27, F.S.; providing that in
35	cases in which the bond forfeiture has been discharged by
36	the court, the amount of the judgment may not exceed the
37	amount of the unpaid fees or costs upon which the
38	discharge had been conditioned; amending s. 903.31, F.S.;
39	providing that the clerk of court shall furnish an
40	executed certificate of cancellation to the surety;
41	providing that the original appearance bond does not
42	guarantee the defendant's conduct or appearance in court
43	at any time under certain circumstances; amending s.
44	907.041, F.S.; requiring a pretrial release service to
45	certify to the court in writing that it has conducted
46	certain investigations and verified specified conditions
47	before an accused is released on nonmonetary conditions;
48	revising requirements for the pretrial release of a person
49	charged with a dangerous crime; providing an effective
50	date.
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52	Be It Enacted by the Legislature of the State of Florida:
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54	Section 1. Section 903.0465, Florida Statutes, is created
55	to read:
56	903.0465 Determination of bail at first appearance.--In
57	any case in which a defendant is before the court at a first
58	appearance hearing based on the execution of an arrest warrant,
59	the judge at the first appearance hearing may not reduce the
60	amount of bail indicated on the warrant, unless the judge
61	issuing the warrant indicates that the matter of bail may be
62	reconsidered at the first appearance hearing. This section does
63	not apply when the judge at the first appearance hearing is also
64	the judge who issued the warrant or when the judge at the first
65	appearance hearing is the judge to whom the case has been
66	assigned.
67	Section 2. Section 903.0471, Florida Statutes, is amended
68	to read:
69	903.0471 Violation of condition of pretrial
70	release.--Notwithstanding s. 907.041, a court may, on its own
71	motion, revoke pretrial release and order pretrial detention if
72	the court finds probable cause to believe that the defendant
73	committed a new crime while on pretrial release. A finding of
74	probable cause under this section may, in the court's
75	discretion, be determined based upon the affidavit of a law
76	enforcement officer without an evidentiary hearing.
77	Section 3. Subsection (4) is added to section 903.02,
78	Florida Statutes, to read:
79	903.02 Actions with respect to denial or conditions of
80	bail or amount of bond prohibited; "court" defined.--
81	(4) Any judge setting or granting monetary bail shall set
82	a separate and specific bail amount for each charge or offense.
83	When bail is posted, each charge or offense requires a separate
84	bond.
85	Section 4. Subsection (3) is added to section 903.046,
86	Florida Statutes, to read:
87	903.046 Purpose of and criteria for bail determination.--
88	(3) If a defendant is charged with a second or subsequent
89	felony within 3 years after the date of a prior felony
90	conviction, regardless of whether adjudication was withheld, the
91	defendant forfeits the right to a presumption in favor of
92	release on nonmonetary conditions as provided in s. 907.041.
93	Section 5. Subsection (1) of section 903.047, Florida
94	Statutes, is amended to read:
95	903.047 Conditions of pretrial release.--
96	(1) As a condition of pretrial release, whether such
97	release is by surety bail bond or recognizance bond or in some
98	other form, the court shall require that:
99	(a) The defendant shallrefrain from criminal activity of
100	any kind.; and
101	(b) The defendant shallrefrain from any contact of any
102	type with the victim, except through pretrial discovery pursuant
103	to the Florida Rules of Criminal Procedure.
104	(c) The defendant shall comply with all conditions of
105	pretrial release.
106	Section 6. Subsection (5) of section 903.26, Florida
107	Statutes, is amended to read:
108	903.26 Forfeiture of the bond; when and how directed;
109	discharge; how and when made; effect of payment.--
110	(5) The court shall discharge a forfeiture within 60 days
111	upon:
112	(a) A determination that it was impossible for the
113	defendant to appear as required due to circumstances beyond the
114	defendant's control. The potential adverse economic consequences
115	of appearing as required shall not be considered as constituting
116	a ground for such a determination.;
117	(b) A determination that, at the time of the required
118	appearance, the defendant was adjudicated insane and confined in
119	an institution or hospital or was confined in a jail or prison.;
120	(c) Surrender or arrest of the defendant if the delay has
121	not thwarted the proper prosecution of the defendant. If the
122	forfeiture has been before discharge, the court shall direct
123	remission of the forfeiture. The court shall condition a
124	discharge or remission on the payment of costs and the expenses
125	incurred by an official in returning the defendant to the
126	jurisdiction of the court.
127	(d) Refusal of the state attorney to institute extradition
128	proceedings or extradite the principal on a bail bond, after the
129	surety has agreed in writing to pay actual transportation costs,
130	exonerates the surety, and any forfeiture or judgment is set
131	aside or vacated and any payment by the surety of a forfeiture
132	or judgment is remitted in full as provided in s. 903.28.
133	Section 7. Subsection (1) of section 903.27, Florida
134	Statutes, is amended to read:
135	903.27 Forfeiture to judgment.--
136	(1) If the forfeiture is not paid or discharged by order
137	of a court of competent jurisdiction within 60 days and the bond
138	is secured other than by money and bonds authorized in s.
139	903.16, the clerk of the circuit court for the county where the
140	order was made shall enter a judgment against the surety for the
141	amount of the penalty and issue execution. However, in any case
142	in which the bond forfeiture has been discharged by the court of
143	competent jurisdiction conditioned upon the payment by the
144	surety of certain costs or fees as allowed by statute, the
145	amount for which judgment may be entered may not exceed the
146	amount of the unpaid fees or costs upon which the discharge had
147	been conditioned. Judgment for the full amount of the forfeiture
148	shall not be entered if payment of a lesser amount will satisfy
149	the conditions to discharge the forfeiture.Within 10 days, the
150	clerk shall furnish the Department of Insurance with a certified
151	copy of the judgment docket and shall furnish the surety company
152	at its home office a copy of the judgment, which shall include
153	the power of attorney number of the bond and the name of the
154	executing agent. If the judgment is not paid within 35 days, the
155	clerk shall furnish the Department of Insurance and the sheriff
156	of the county in which the bond was executed, or the official
157	responsible for operation of the county jail, if other than the
158	sheriff, two copies of the judgment and a certificate stating
159	that the judgment remains unsatisfied. When and if the judgment
160	is properly paid or an order to vacate the judgment has been
161	entered by a court of competent jurisdiction, the clerk shall
162	immediately notify the sheriff, or the official responsible for
163	the operation of the county jail, if other than the sheriff, and
164	the Department of Insurance, if the department had been
165	previously notified of nonpayment, of such payment or order to
166	vacate the judgment. The clerk shall also immediately prepare
167	and record in the public records a satisfaction of the judgment
168	or record the order to vacate judgment. If the defendant is
169	returned to the county of jurisdiction of the court, whenever a
170	motion to set aside the judgment is filed, the operation of this
171	section is tolled until the court makes a disposition of the
172	motion.
173	Section 8. Section 903.31, Florida Statutes, is amended to
174	read:
175	903.31 Canceling the bond.--
176	(1) Within 10 business days after the conditions of a bond
177	have been satisfied or the forfeiture discharged or remitted,
178	the court shall order the bond shall becanceled and, if the
179	surety has attached a certificate of cancellation to the
180	original bond, the clerk of the courtshall furnish an executed
181	certificate of cancellation to the surety without cost. An
182	adjudication of guilt or innocence of the defendant shall
183	satisfy the conditions of the bond. The original appearance bond
184	shall expire 36 months after such bond has been posted for the
185	release of the defendant from custody. This subsection does not
186	apply to cases in which a bond has been declared forfeited.
187	(2) The original appearance bond doesshall not be
188	construed toguarantee deferred sentences, appearance during or
189	after a presentence investigation, appearance during or after
190	appeals, conduct during or appearance after admission to a
191	pretrial intervention program,payment of fines, or attendance
192	at educational or rehabilitation facilities the court otherwise
193	provides in the judgment. If the original appearance bond has
194	been forfeited or revoked, the bond shall not be reinstated
195	without approval from the surety on the original bond.
196	(3) The original appearance bond does not guarantee the
197	defendant's conduct or appearance in court at any time after:
198	(a) The defendant enters a plea of guilty or nolo
199	contendere.
200	(b) The defendant enters into an agreement for deferred
201	prosecution or agrees to enter a pretrial intervention program.
202	(c) The defendant is acquitted.
203	(d) The defendant is adjudicated guilty.
204	(e) Adjudication of guilt of the defendant is withheld.
205	(f) The defendant is found guilty by a judge or jury.
206	(4)(3)In any case where no formal charges have been
207	brought against the defendant within 365 days after arrest, the
208	court shall order the bond canceled unless good cause is shown
209	by the state.
210	Section 9. Subsection (3) and paragraphs (a) and (b) of
211	subsection (4) of section 907.041, Florida Statutes, are amended
212	to read:
213	907.041 Pretrial detention and release.--
214	(3) RELEASE ON NONMONETARY CONDITIONS.--
215	(a) It is the intent of the Legislature to create a
216	presumption in favor of release on nonmonetary conditions for
217	any person who is granted pretrial release unless such person is
218	charged with a dangerous crime as defined in subsection (4).
219	Such person shall be released on monetary conditions if it is
220	determined that such monetary conditions are necessary to assure
221	the presence of the person at trial or at other proceedings, to
222	protect the community from risk of physical harm to persons, to
223	assure the presence of the accused at trial, or to assure the
224	integrity of the judicial process.
225	(b) ANo person may not be accepted for releaseshall be
226	releasedon nonmonetary conditions under the supervision of a
227	pretrial release service, unless the service certifies in
228	writing and has provided a report to the court for reviewthat
229	it has investigated or otherwise verified:
230	1. The circumstances of the accused's family, employment,
231	financial resources, character, mental condition, and length of
232	residence in the community.;
233	2. The accused's record of convictions, of appearances at
234	court proceedings, of flight to avoid prosecution, or of failure
235	to appear at court proceedings.; and
236	3. Other facts necessary to assist the court in its
237	determination of the indigency of the accused and whether she or
238	he should be released under the supervision of the service.
239	(4) PRETRIAL DETENTION.--
240	(a) As used in this subsection, "dangerous crime" means
241	any of the following:
242	1. Arson;
243	2. Aggravated assault;
244	3. Aggravated battery;
245	4. Illegal use of explosives;
246	5. Child abuse or aggravated child abuse;
247	6. Abuse of an elderly person or disabled adult, or
248	aggravated abuse of an elderly person or disabled adult;
249	7. Aircraft piracy;
250	8. Kidnapping;
251	9. Homicide;
252	10. Manslaughter;
253	11. Sexual battery;
254	12. Robbery;
255	13. Carjacking;
256	14. Lewd, lascivious, or indecent assault or act upon or
257	in presence of a child under the age of 16 years;
258	15. Sexual activity with a child, who is 12 years of age
259	or older but less than 18 years of age, by or at solicitation of
260	person in familial or custodial authority;
261	16. Burglary of a dwelling;
262	17. Stalking and aggravated stalking;
263	18. Act of domestic violence as defined in s. 741.28;
264	19. Home invasion robbery;
265	20. Act of terrorism as defined in s. 775.30; and
266	21. Attempting or conspiring to commit any such crime.
267	(b) Pursuant to the provisions of paragraph (3)(b)No
268	person charged with a dangerous crime shall be granted
269	nonmonetary pretrial release at a first appearance hearing;
270	however, the court shall retain the discretion to release a
271	personan accused of a dangerous crimeon electronic monitoring
272	or on recognizance bond if the findings on the record of facts
273	and circumstances warrant such a release.
274	Section 10. This act shall take effect upon becoming a
275	law.