Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2018
                        Barcode 925998
                            CHAMBER ACTION
              Senate                               House
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       04/20/2006 09:55 AM         .                    
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11  The Committee on Judiciary (Baker) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 903.02, Florida Statutes, is
19  amended to read:
20         903.02  Actions following with respect to denial;
21  changes in bail or conditions of bail or bond amount;
22  separation by charge or offense of bond prohibited; "court"
23  defined.--
24         (1)  If application for bail is made to an authorized
25  court and denied, no court of inferior jurisdiction shall
26  admit the applicant to bail unless such court of inferior
27  jurisdiction is the court having jurisdiction to try the
28  defendant.
29         (2)  No judge of a court of equal or inferior
30  jurisdiction may remove a condition of bail or reduce the
31  amount of bond required, unless such judge:
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    10:23 AM   04/18/06                          s2018c1d-ju20-c8w

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2018 Barcode 925998 1 (a) Imposed the conditions of bail or set the amount 2 of bond required; 3 (b) Is the chief judge of the circuit in which the 4 defendant is to be tried; 5 (c) Has been assigned to preside over the criminal 6 trial of the defendant; or 7 (d) Is the designee of the chief judge and a judge has 8 not yet been assigned to the criminal trial. 9 (3) The term "court," as used in this chapter, 10 includes all state courts. 11 (4) Any judge setting or granting monetary bail shall 12 set a separate and specific bail amount for each charge or 13 offense. When bail is posted, each charge or offense requires 14 a separate bond. 15 Section 2. Subsection (1) of section 903.047, Florida 16 Statutes, is amended to read: 17 903.047 Conditions of pretrial release.-- 18 (1) As a condition of pretrial release, whether such 19 release is by surety bail bond or recognizance bond or in some 20 other form, the defendant court shall require that: 21 (a) The defendant Refrain from criminal activity of 22 any kind.; and 23 (b) The defendant Refrain from any contact of any type 24 with the victim, except through pretrial discovery pursuant to 25 the Florida Rules of Criminal Procedure. 26 (c) Comply with all conditions of pretrial release. 27 Section 3. Subsection (1) of section 903.27, Florida 28 Statutes, is amended to read: 29 903.27 Forfeiture to judgment.-- 30 (1) If the forfeiture is not paid or discharged by 31 order of a court of competent jurisdiction within 60 days and 2 10:23 AM 04/18/06 s2018c1d-ju20-c8w
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2018 Barcode 925998 1 the bond is secured other than by money and bonds authorized 2 in s. 903.16, the clerk of the circuit court for the county 3 where the order was made shall enter a judgment against the 4 surety for the amount of the penalty and issue execution. 5 However, in any case in which the bond forfeiture has been 6 discharged by the court of competent jurisdiction conditioned 7 upon the payment by the surety of certain costs or fees as 8 allowed by statute, the amount for which judgment may be 9 entered may not exceed the amount of the unpaid fees or costs 10 upon which the discharge had been conditioned. Judgment for 11 the full amount of the forfeiture shall not be entered if 12 payment of a lesser amount will satisfy the conditions to 13 discharge the forfeiture. Within 10 days, the clerk shall 14 furnish the Department of Financial Services and the Office of 15 Insurance Regulation of the Financial Services Commission with 16 a certified copy of the judgment docket and shall furnish the 17 surety company at its home office a copy of the judgment, 18 which shall include the power of attorney number of the bond 19 and the name of the executing agent. If the judgment is not 20 paid within 35 days, the clerk shall furnish the Department of 21 Financial Services, the Office of Insurance Regulation, and 22 the sheriff of the county in which the bond was executed, or 23 the official responsible for operation of the county jail, if 24 other than the sheriff, two copies of the judgment and a 25 certificate stating that the judgment remains unsatisfied. 26 When and if the judgment is properly paid or an order to 27 vacate the judgment has been entered by a court of competent 28 jurisdiction, the clerk shall immediately notify the sheriff, 29 or the official responsible for the operation of the county 30 jail, if other than the sheriff, and the Department of 31 Financial Services and the Office of Insurance Regulation, if 3 10:23 AM 04/18/06 s2018c1d-ju20-c8w
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2018 Barcode 925998 1 the department and office had been previously notified of 2 nonpayment, of such payment or order to vacate the judgment. 3 The clerk shall also immediately prepare and record in the 4 public records a satisfaction of the judgment or record the 5 order to vacate judgment. If the defendant is returned to the 6 county of jurisdiction of the court, whenever a motion to set 7 aside the judgment is filed, the operation of this section is 8 tolled until the court makes a disposition of the motion. 9 Section 4. This act shall take effect October 1, 2006. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to pretrial release; amending 19 s. 903.02, F.S.; providing that any judge 20 setting or granting bail shall set a separate 21 bail amount for each charge or offense; 22 amending s. 903.047, F.S.; requiring a 23 defendant to comply with all conditions of 24 pretrial release; amending s. 903.27, F.S.; 25 providing that in cases in which the bond 26 forfeiture has been discharged by the court, 27 the amount of the judgment may not exceed the 28 amount of the unpaid fees or costs upon which 29 the discharge had been conditioned; providing 30 an effective date. 31 4 10:23 AM 04/18/06 s2018c1d-ju20-c8w