Senate Bill sb2018c2

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    Florida Senate - 2006                    CS for CS for SB 2018

    By the Committees on Judiciary; Criminal Justice; and Senator
    Wise




    590-2328-06

  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. 903.27, F.S.;

  9         providing that in cases in which the bond

10         forfeiture has been discharged by the court,

11         the amount of the judgment may not exceed the

12         amount of the unpaid fees or costs upon which

13         the discharge had been conditioned; amending s.

14         903.31, F.S.; requiring the clerk of court to

15         furnish an executed certificate of cancellation

16         to the surety; providing that an acquittal or a

17         withholding of adjudication of guilt satisfies

18         bond conditions; providing an effective date.

19  

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

21  

22         Section 1.  Section 903.02, Florida Statutes, is

23  amended to read:

24         903.02  Actions following with respect to denial;

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

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

27  defined.--

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

29  court and denied, no court of inferior jurisdiction shall

30  admit the applicant to bail unless such court of inferior

31  

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    Florida Senate - 2006                    CS for CS for SB 2018
    590-2328-06




 1  jurisdiction is the court having jurisdiction to try the

 2  defendant.

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

 4  jurisdiction may remove a condition of bail or reduce the

 5  amount of bond required, unless such judge:

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

 7  of bond required;

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

 9  defendant is to be tried;

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

11  trial of the defendant; or

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

13  not yet been assigned to the criminal trial.

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

15  includes all state courts.

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

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

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

19  a separate bond.

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

21  Statutes, is amended to read:

22         903.047  Conditions of pretrial release.--

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

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

25  other form, the defendant court shall require that:

26         (a)  The defendant Refrain from criminal activity of

27  any kind.; and

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

29  with the victim, except through pretrial discovery pursuant to

30  the Florida Rules of Criminal Procedure.

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

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    Florida Senate - 2006                    CS for CS for SB 2018
    590-2328-06




 1         Section 3.  Subsection (1) of section 903.27, Florida

 2  Statutes, is amended to read:

 3         903.27  Forfeiture to judgment.--

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

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

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

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

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

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

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

11  discharged by the court of competent jurisdiction conditioned

12  upon the payment by the surety of certain costs or fees as

13  allowed by statute, the amount for which judgment may be

14  entered may not exceed the amount of the unpaid fees or costs

15  upon which the discharge had been conditioned. Judgment for

16  the full amount of the forfeiture shall not be entered if

17  payment of a lesser amount will satisfy the conditions to

18  discharge the forfeiture. Within 10 days, the clerk shall

19  furnish the Department of Financial Services and the Office of

20  Insurance Regulation of the Financial Services Commission with

21  a certified copy of the judgment docket and shall furnish the

22  surety company at its home office a copy of the judgment,

23  which shall include the power of attorney number of the bond

24  and the name of the executing agent. If the judgment is not

25  paid within 35 days, the clerk shall furnish the Department of

26  Financial Services, the Office of Insurance Regulation, and

27  the sheriff of the county in which the bond was executed, or

28  the official responsible for operation of the county jail, if

29  other than the sheriff, two copies of the judgment and a

30  certificate stating that the judgment remains unsatisfied.

31  When and if the judgment is properly paid or an order to

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    Florida Senate - 2006                    CS for CS for SB 2018
    590-2328-06




 1  vacate the judgment has been entered by a court of competent

 2  jurisdiction, the clerk shall immediately notify the sheriff,

 3  or the official responsible for the operation of the county

 4  jail, if other than the sheriff, and the Department of

 5  Financial Services and the Office of Insurance Regulation, if

 6  the department and office had been previously notified of

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

 8  The clerk shall also immediately prepare and record in the

 9  public records a satisfaction of the judgment or record the

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

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

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

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

14         Section 4.  Subsection (1) of section 903.31, Florida

15  Statutes, is amended to read:

16         903.31  Canceling the bond.--

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

18  bond have been satisfied or the forfeiture discharged or

19  remitted, the court shall order the bond canceled and, if the

20  surety has attached a certificate of cancellation to the

21  original bond, the clerk of the court shall furnish an

22  executed certificate of cancellation to the surety without

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

24  a withholding of an adjudication of guilt of the defendant

25  shall satisfy the conditions of the bond. The original

26  appearance bond shall expire 36 months after such bond has

27  been posted for the release of the defendant from custody.

28  This subsection does not apply to cases in which a bond has

29  been declared forfeited.

30         Section 5.  This act shall take effect October 1, 2006.

31  

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    Florida Senate - 2006                    CS for CS for SB 2018
    590-2328-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2018

 3                                 

 4  Deletes provision that would have amended a statute concerning
    the forfeiture of bail bonds.
 5  
    Deletes provision that would have expanded the actions that
 6  satisfy the conditions of the bond to include: an entry of a
    plea of guilty or nolo contendere, an entry into an agreement
 7  for deferred prosecution, and agreement by the defendant to
    enter a pretrial-intervention program.
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    Removes provision that would have deleted "conduct during or
 9  appearance after admission to a pretrial intervention program"
    from the list of activities not guaranteed by the original
10  appearance bond.

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