Senate Bill sb2018c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 2018

    By the Committee on Criminal Justice; and Senator Wise





    591-2074-06

  1                      A bill to be entitled

  2         An act relating to pretrial release; amending

  3         s. 903.02, F.S.; providing that any judge

  4         setting or granting bail shall set a separate

  5         bail amount for each charge or offense;

  6         amending s. 903.047, F.S.; requiring a

  7         defendant to comply with all conditions of

  8         pretrial release; amending s. 903.26, F.S.;

  9         providing requirements for bond forfeiture;

10         amending s. 903.27, F.S; providing that in

11         cases in which the bond forfeiture has been

12         discharged or set aside, the amount of the

13         judgment may not exceed the amount of the

14         unpaid fees or costs; amending s. 903.31, F.S.;

15         providing that the clerk of court shall furnish

16         an executed certificate of cancellation to the

17         surety; providing that the original appearance

18         bond does not guarantee the defendant's conduct

19         or appearance in court under certain

20         circumstances; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 903.02, Florida Statutes, is

25  amended to read:

26         903.02  Actions following with respect to denial;

27  changes in bail or conditions of bail or bond amount;

28  separation by charge or offense of bond prohibited; "court"

29  defined.--

30         (1)  If application for bail is made to an authorized

31  court and denied, no court of inferior jurisdiction shall

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1  admit the applicant to bail unless such court of inferior

 2  jurisdiction is the court having jurisdiction to try the

 3  defendant.

 4         (2)  No judge of a court of equal or inferior

 5  jurisdiction may remove a condition of bail or reduce the

 6  amount of bond required, unless such judge:

 7         (a)  Imposed the conditions of bail or set the amount

 8  of bond required;

 9         (b)  Is the chief judge of the circuit in which the

10  defendant is to be tried;

11         (c)  Has been assigned to preside over the criminal

12  trial of the defendant; or

13         (d)  Is the designee of the chief judge and a judge has

14  not yet been assigned to the criminal trial.

15         (3)  The term "court," as used in this chapter,

16  includes all state courts.

17         (4)  Any judge setting or granting monetary bail shall

18  set a separate and specific bail amount for each charge or

19  offense. When bail is posted, each charge or offense requires

20  a separate bond.

21         Section 2.  Subsection (1) of section 903.047, Florida

22  Statutes, is amended to read:

23         903.047  Conditions of pretrial release.--

24         (1)  As a condition of pretrial release, whether such

25  release is by surety bail bond or recognizance bond or in some

26  other form, the defendant court shall require that:

27         (a)  The defendant Refrain from criminal activity of

28  any kind.; and

29         (b)  The defendant Refrain from any contact of any type

30  with the victim, except through pretrial discovery pursuant to

31  the Florida Rules of Criminal Procedure.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1         (c)  Comply with all conditions of pretrial release.

 2         Section 3.  Section 903.26, Florida Statutes, is

 3  amended to read:

 4         903.26  Forfeiture of the bond; when and how directed;

 5  discharge; how and when made; effect of payment.--

 6         (1)  A bail bond shall not be forfeited unless:

 7         (a)  The information, indictment, or affidavit was

 8  filed within 6 months from the date of arrest;, and

 9         (b)  The clerk of court gave the surety at least 72

10  hours' notice, exclusive of Saturdays, Sundays, and holidays,

11  before the time of the required appearance of the defendant.

12  Notice shall not be necessary if the time for appearance is

13  within 72 hours from the time of arrest, or if the time is

14  stated on the bond; and.

15         (c)  Upon any failure to appear by a defendant, the

16  court had ordered and issued to the sheriff for execution a

17  capias or arrest warrant for the defendant who has failed to

18  appear. Such capias or warrant shall comply with the

19  requirements of s. 903.046(2)(d).

20         (2)(a)  If there is a breach of the bond, the court

21  shall declare the bond and any bonds or money deposited as

22  bail forfeited.  The clerk of the court shall mail a notice to

23  the surety agent and surety company in writing within 5 days

24  of the forfeiture.  A certificate signed by the clerk of the

25  court or the clerk's designee, certifying that the notice

26  required herein was mailed on a specified date and accompanied

27  by a copy of the required notice, shall constitute sufficient

28  proof that such mailing was properly accomplished as indicated

29  therein.  If such mailing was properly accomplished as

30  evidenced by such certificate, the failure of the surety

31  agent, of a company, or of a defendant to receive such mail

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1  notice shall not constitute a defense to such forfeiture and

 2  shall not be grounds for discharge, remission, reduction, set

 3  aside, or continuance of such forfeiture.  The forfeiture

 4  shall be paid within 60 days of the date the notice was

 5  mailed.

 6         (b)  Failure of the defendant to appear at the time,

 7  date, and place of required appearance shall result in

 8  forfeiture of the bond.  Such forfeiture shall be

 9  automatically entered by the clerk upon such failure to

10  appear, and the clerk shall follow the procedures outlined in

11  paragraph (a). However, the court may determine, in its

12  discretion, in the interest of justice, that an appearance by

13  the defendant on the same day as required does not warrant

14  forfeiture of the bond; and the court may direct the clerk to

15  set aside any such forfeiture which may have been entered.

16  Any appearance by the defendant later than the required day

17  constitutes forfeiture of the bond, and the court shall not

18  preclude entry of such forfeiture by the clerk.

19         (c)  If there is a breach of the bond, the clerk shall

20  provide, upon request, a certified copy of the warrant or

21  capias to the bail bond agent or surety company.

22         (3)  Sixty days after the forfeiture notice has been

23  mailed:

24         (a)  State and county officials having custody of

25  forfeited money shall deposit the money in the fine and

26  forfeiture fund established pursuant to s. 142.01;

27         (b)  Municipal officials having custody of forfeited

28  money shall deposit the money in a designated municipal fund;

29         (c)  Officials having custody of bonds as authorized by

30  s. 903.16 shall transmit the bonds to the clerk of the circuit

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1  court who shall sell them at market value and disburse the

 2  proceeds as provided in paragraphs (a) and (b).

 3         (4)(a)  When a bond is forfeited, the clerk shall

 4  transmit the bond and any affidavits to the clerk of the

 5  circuit court in which the bond and affidavits are filed.  The

 6  clerk of the circuit court shall record the forfeiture in the

 7  deed or official records book. If the undertakings and

 8  affidavits describe real property in another county, the clerk

 9  shall transmit the bond and affidavits to the clerk of the

10  circuit court of the county where the property is located who

11  shall record and return them.

12         (b)  The bond and affidavits shall be a lien on the

13  real property they describe from the time of recording in the

14  county where the property is located for 2 years or until the

15  final determination of an action instituted thereon within a

16  2-year period. If an action is not instituted within 2 years

17  from the date of recording, the lien shall be discharged. The

18  lien will be discharged 2 years after the recording even if an

19  action was instituted within 2 years unless a lis pendens

20  notice is recorded in the action.

21         (5)  The court shall discharge a forfeiture within 60

22  days upon:

23         (a)  A determination that it was impossible for the

24  defendant to appear as required due to circumstances beyond

25  the defendant's control. The potential adverse economic

26  consequences of appearing as required shall not be considered

27  as constituting a ground for such a determination;

28         (b)  A determination that, at the time of the required

29  appearance, the defendant was adjudicated insane and confined

30  in an institution or hospital or was confined in a jail or

31  prison;

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1         (c)  Surrender or arrest of the defendant if the delay

 2  has not thwarted the proper prosecution of the defendant. If

 3  the forfeiture has been before discharge, the court shall

 4  direct remission of the forfeiture. The court shall condition

 5  a discharge or remission on the payment of costs and the

 6  expenses incurred by an official in returning the defendant to

 7  the jurisdiction of the court.

 8         (6)  The discharge of a forfeiture shall not be ordered

 9  for any reason other than as specified herein.

10         (7)  The payment by a surety of a forfeiture under the

11  provisions of this law shall have the same effect on the bond

12  as payment of a judgment.

13         (8)  If the defendant is arrested and returned to the

14  county of jurisdiction of the court prior to judgment, the

15  clerk, upon affirmation by the sheriff or the chief

16  correctional officer, shall, without further order of the

17  court, discharge the forfeiture of the bond. However, if the

18  surety agent fails to pay the costs and expenses incurred in

19  returning the defendant to the county of jurisdiction, the

20  clerk shall not discharge the forfeiture of the bond. If the

21  surety agent and the sheriff fail to agree on the amount of

22  said costs, then the court, after notice to the sheriff and

23  the state attorney, shall determine the amount of the costs.

24         Section 4.  Subsection (1) of section 903.27, Florida

25  Statutes, is amended to read:

26         903.27  Forfeiture to judgment.--

27         (1)  If the forfeiture is not paid or discharged by

28  order of a court of competent jurisdiction within 60 days and

29  the bond is secured other than by money and bonds authorized

30  in s. 903.16, the clerk of the circuit court for the county

31  where the order was made shall enter a judgment against the

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1  surety for the amount of the penalty and issue execution.

 2  However, in any case in which the bond forfeiture has been

 3  discharged or set aside, judgment may be entered only in the

 4  amount of any unpaid fees or costs. Within 10 days, the clerk

 5  shall furnish the Department of Financial Services and the

 6  Office of Insurance Regulation of the Financial Services

 7  Commission with a certified copy of the judgment docket and

 8  shall furnish the surety company at its home office a copy of

 9  the judgment, which shall include the power of attorney number

10  of the bond and the name of the executing agent. If the

11  judgment is not paid within 35 days, the clerk shall furnish

12  the Department of Financial Services, the Office of Insurance

13  Regulation, and the sheriff of the county in which the bond

14  was executed, or the official responsible for operation of the

15  county jail, if other than the sheriff, two copies of the

16  judgment and a certificate stating that the judgment remains

17  unsatisfied. When and if the judgment is properly paid or an

18  order to vacate the judgment has been entered by a court of

19  competent jurisdiction, the clerk shall immediately notify the

20  sheriff, or the official responsible for the operation of the

21  county jail, if other than the sheriff, and the Department of

22  Financial Services and the Office of Insurance Regulation, if

23  the department and office had been previously notified of

24  nonpayment, of such payment or order to vacate the judgment.

25  The clerk shall also immediately prepare and record in the

26  public records a satisfaction of the judgment or record the

27  order to vacate judgment. If the defendant is returned to the

28  county of jurisdiction of the court, whenever a motion to set

29  aside the judgment is filed, the operation of this section is

30  tolled until the court makes a disposition of the motion.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1         Section 5.  Section 903.31, Florida Statutes, is

 2  amended to read:

 3         903.31  Canceling the bond.--

 4         (1)  Within 10 business days after the conditions of a

 5  bond have been satisfied or the forfeiture discharged or

 6  remitted, the court shall order the bond shall be canceled

 7  and, if the surety has attached a certificate of cancellation

 8  to the original bond, the clerk of the court shall furnish an

 9  executed certificate of cancellation to the surety without

10  cost. An adjudication of guilt or innocence, an acquittal, an

11  entry of a plea of guilty or nolo contendere, an entry into an

12  agreement for deferred prosecution, an agreement by the

13  defendant to enter a pretrial-intervention program, or the

14  withholding of an adjudication of guilt of the defendant shall

15  satisfy the conditions of the bond. The original appearance

16  bond shall expire 36 months after such bond has been posted

17  for the release of the defendant from custody. This subsection

18  does not apply to cases in which a bond has been declared

19  forfeited.

20         (2)  The original appearance bond does shall not be

21  construed to guarantee deferred sentences, appearance during

22  or after a presentence investigation, appearance during or

23  after appeals, conduct during or appearance after admission to

24  a pretrial intervention program, payment of fines, or

25  attendance at educational or rehabilitation facilities the

26  court otherwise provides in the judgment. If the original

27  appearance bond has been forfeited or revoked, the bond shall

28  not be reinstated without approval from the surety on the

29  original bond.

30         (3)  In any case where no formal charges have been

31  brought against the defendant within 365 days after arrest,

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2018
    591-2074-06




 1  the court shall order the bond canceled unless good cause is

 2  shown by the state.

 3         Section 6.  This act shall take effect October 1, 2006.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 2018

 7                                 

 8  -    The amendment to s. 903.046, F.S., (Section 2 of the
         original bill) has been removed from the bill.
 9  
    -    The necessity of a capias being issued for forfeiture of
10       a bond to occur has been clarified so that it does not
         require the court to issue a capias, but the capias is
11       still a condition precedent for forfeiture to occur.

12  -    The bill no longer addresses extradition of a defendant.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.