Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2018
Barcode 235016
CHAMBER ACTION
Senate House
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1 Comm: WD .
03/29/2006 09:22 PM .
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11 The Committee on Criminal Justice (Wise) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, line 7, through
16 page 7, line 16, delete those lines
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18 and insert:
19 Section 2. Subsection (1) of section 903.047, Florida
20 Statutes, is amended to read:
21 903.047 Conditions of pretrial release.--
22 (1) As a condition of pretrial release, whether such
23 release is by surety bail bond or recognizance bond or in some
24 other form, the defendant court shall require that:
25 (a) The defendant Refrain from criminal activity of
26 any kind.; and
27 (b) The defendant Refrain from any contact of any type
28 with the victim, except through pretrial discovery pursuant to
29 the Florida Rules of Criminal Procedure.
30 (c) Comply with all conditions of pretrial release.
31 Section 3. Section 903.26, Florida Statutes, is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2018
Barcode 235016
1 amended to read:
2 903.26 Forfeiture of the bond; when and how directed;
3 discharge; how and when made; effect of payment.--
4 (1)(a) A bail bond shall not be forfeited unless:
5 1.(a) The information, indictment, or affidavit was
6 filed within 6 months from the date of arrest;, and
7 2.(b) The clerk of court gave the surety at least 72
8 hours' notice, exclusive of Saturdays, Sundays, and holidays,
9 before the time of the required appearance of the defendant.
10 Notice shall not be necessary if the time for appearance is
11 within 72 hours from the time of arrest, or if the time is
12 stated on the bond.
13 (b) Instant with any failure to appear by a defendant,
14 the court shall order and issue to the sheriff for execution a
15 capias or arrest warrant for the defendant who has failed to
16 appear. Such capias or warrant shall comply with the
17 requirements of s. 903.046(2)(d).
18 (2)(a) If there is a breach of the bond, the court
19 shall declare the bond and any bonds or money deposited as
20 bail forfeited. The clerk of the court shall mail a notice to
21 the surety agent and surety company in writing within 5 days
22 of the forfeiture. A certificate signed by the clerk of the
23 court or the clerk's designee, certifying that the notice
24 required herein was mailed on a specified date and accompanied
25 by a copy of the required notice, shall constitute sufficient
26 proof that such mailing was properly accomplished as indicated
27 therein. If such mailing was properly accomplished as
28 evidenced by such certificate, the failure of the surety
29 agent, of a company, or of a defendant to receive such mail
30 notice shall not constitute a defense to such forfeiture and
31 shall not be grounds for discharge, remission, reduction, set
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2018
Barcode 235016
1 aside, or continuance of such forfeiture. The forfeiture
2 shall be paid within 60 days of the date the notice was
3 mailed.
4 (b) Failure of the defendant to appear at the time,
5 date, and place of required appearance shall result in
6 forfeiture of the bond. Such forfeiture shall be
7 automatically entered by the clerk upon such failure to
8 appear, and the clerk shall follow the procedures outlined in
9 paragraph (a). However, the court may determine, in its
10 discretion, in the interest of justice, that an appearance by
11 the defendant on the same day as required does not warrant
12 forfeiture of the bond; and the court may direct the clerk to
13 set aside any such forfeiture which may have been entered.
14 Any appearance by the defendant later than the required day
15 constitutes forfeiture of the bond, and the court shall not
16 preclude entry of such forfeiture by the clerk.
17 (c) If there is a breach of the bond, the clerk shall
18 provide, upon request, a certified copy of the warrant or
19 capias to the bail bond agent or surety company.
20 (3) Sixty days after the forfeiture notice has been
21 mailed:
22 (a) State and county officials having custody of
23 forfeited money shall deposit the money in the fine and
24 forfeiture fund established pursuant to s. 142.01;
25 (b) Municipal officials having custody of forfeited
26 money shall deposit the money in a designated municipal fund;
27 (c) Officials having custody of bonds as authorized by
28 s. 903.16 shall transmit the bonds to the clerk of the circuit
29 court who shall sell them at market value and disburse the
30 proceeds as provided in paragraphs (a) and (b).
31 (4)(a) When a bond is forfeited, the clerk shall
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2018
Barcode 235016
1 transmit the bond and any affidavits to the clerk of the
2 circuit court in which the bond and affidavits are filed. The
3 clerk of the circuit court shall record the forfeiture in the
4 deed or official records book. If the undertakings and
5 affidavits describe real property in another county, the clerk
6 shall transmit the bond and affidavits to the clerk of the
7 circuit court of the county where the property is located who
8 shall record and return them.
9 (b) The bond and affidavits shall be a lien on the
10 real property they describe from the time of recording in the
11 county where the property is located for 2 years or until the
12 final determination of an action instituted thereon within a
13 2-year period. If an action is not instituted within 2 years
14 from the date of recording, the lien shall be discharged. The
15 lien will be discharged 2 years after the recording even if an
16 action was instituted within 2 years unless a lis pendens
17 notice is recorded in the action.
18 (5)(a) The court shall discharge a forfeiture within
19 60 days upon:
20 1.(a) A determination that it was impossible for the
21 defendant to appear as required due to circumstances beyond
22 the defendant's control. The potential adverse economic
23 consequences of appearing as required shall not be considered
24 as constituting a ground for such a determination;
25 2.(b) A determination that, at the time of the
26 required appearance, the defendant was adjudicated insane and
27 confined in an institution or hospital or was confined in a
28 jail or prison; or
29 3.(c) Surrender or arrest of the defendant if the
30 delay has not thwarted the proper prosecution of the
31 defendant. If the forfeiture has been before discharge, the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2018
Barcode 235016
1 court shall direct remission of the forfeiture. The court
2 shall condition a discharge or remission on the payment of
3 costs and the expenses incurred by an official in returning
4 the defendant to the jurisdiction of the court.
5 (b) Failure of the state attorney to institute
6 extradition proceedings against the principal on a bail bond
7 after the surety has agreed in writing to pay actual
8 transportation costs shall exonerate the surety, and any
9 forfeiture or judgment shall be set aside or vacated and any
10 payment by the surety of a forfeiture or judgment shall be
11 remitted in full.
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13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, lines 6-21, delete those lines
19
20 and insert:
21 amending s. 903.047, F.S.; requiring a
22 defendant to comply with all conditions of
23 pretrial release; amending s. 903.26, F.S.;
24 providing for issuance of a capias or arrest
25 warrant for a defendant who has failed to
26 appear; providing that failure of the state
27 attorney to institute extradition proceedings
28 against
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