HB 827

1
A bill to be entitled
2An act relating to pretrial release; amending s. 903.02,
3F.S.; providing that any judge setting or granting bail
4shall set a separate bail amount for each charge or
5offense; amending s. 903.046, F.S.; providing that a
6defendant forfeits the right to a presumption in favor of
7release on nonmonetary conditions if charged with a second
8or subsequent felony within a certain time period;
9amending s. 903.047, F.S.; requiring a defendant to comply
10with all conditions of pretrial release; amending s.
11903.26, F.S.; providing for issuance of a capias or arrest
12warrant for a defendant who has failed to appear;
13providing requirements for such a capias or warrant;
14providing for exoneration of a surety and discharge of any
15bonds if a court fails or refuses to issue such capias or
16arrest warrant; providing that failure of the state
17attorney to institute extradition proceedings or extradite
18the principal on a bail bond after the surety's written
19agreement to pay actual transportation costs exonerates
20the surety; amending s. 903.27, F.S; providing that in
21cases in which the bond forfeiture has been discharged by
22the court, the amount of the judgment may not exceed the
23amount of the unpaid fees or costs upon which the
24discharge had been conditioned; amending s. 903.31, F.S.;
25providing that the clerk of court shall furnish an
26executed certificate of cancellation to the surety;
27providing that the original appearance bond does not
28guarantee the defendant's conduct or appearance in court
29under certain circumstances; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (4) is added to section 903.02,
34Florida Statutes, to read:
35     903.02  Actions following with respect to denial; changes
36in bail or conditions of bail or bond amount; separation by
37charge or offense of bond prohibited; "court" defined.--
38     (4)  Any judge setting or granting monetary bail shall set
39a separate and specific bail amount for each charge or offense.
40When bail is posted, each charge or offense requires a separate
41bond.
42     Section 2.  Subsection (3) is added to section 903.046,
43Florida Statutes, to read:
44     903.046  Purpose of and criteria for bail determination.--
45     (3)  If a defendant is charged with a second or subsequent
46felony within 3 years after the date of a prior felony charge,
47regardless of whether a conviction was entered, the defendant
48forfeits the right to a presumption in favor of release on
49nonmonetary conditions as provided in s. 907.041.
50     Section 3.  Subsection (1) of section 903.047, Florida
51Statutes, is amended to read:
52     903.047  Conditions of pretrial release.--
53     (1)  As a condition of pretrial release, whether such
54release is by surety bail bond or recognizance bond or in some
55other form, the defendant court shall require that:
56     (a)  The defendant Refrain from criminal activity of any
57kind.; and
58     (b)  The defendant Refrain from any contact of any type
59with the victim, except through pretrial discovery pursuant to
60the Florida Rules of Criminal Procedure.
61     (c)  Comply with all conditions of pretrial release.
62     Section 4.  Subsections (1) and (5) of section 903.26,
63Florida Statutes, are amended to read:
64     903.26  Forfeiture of the bond; when and how directed;
65discharge; how and when made; effect of payment.--
66     (1)(a)  A bail bond shall not be forfeited unless:
67     1.(a)  The information, indictment, or affidavit was filed
68within 6 months from the date of arrest;, and
69     2.(b)  The clerk of court gave the surety at least 72
70hours' notice, exclusive of Saturdays, Sundays, and holidays,
71before the time of the required appearance of the defendant.
72Notice shall not be necessary if the time for appearance is
73within 72 hours from the time of arrest, or if the time is
74stated on the bond.
75     (b)  Instant with any failure to appear by a defendant, the
76court shall order and issue to the sheriff for execution a
77capias or arrest warrant for the defendant who has failed to
78appear. Such capias or warrant shall comply with the
79requirements of s. 903.046(2)(d) and shall also require
80extradition of the defendant when arrested in another state if
81the original charge is a felony and require return
82transportation of the defendant when arrested in another state
83to the jurisdiction of the court when arrested on any case
84within the state. If the court fails or refuses to issue such
85capias or arrest warrant, the surety shall immediately be
86exonerated and any bonds deposited shall be discharged by the
87clerk of the court in compliance with s. 903.31(1).
88     (5)(a)  The court shall discharge a forfeiture within 60
89days upon:
90     1.(a)  A determination that it was impossible for the
91defendant to appear as required due to circumstances beyond the
92defendant's control. The potential adverse economic consequences
93of appearing as required shall not be considered as constituting
94a ground for such a determination;
95     2.(b)  A determination that, at the time of the required
96appearance, the defendant was adjudicated insane and confined in
97an institution or hospital or was confined in a jail or prison;
98     3.(c)  Surrender or arrest of the defendant if the delay
99has not thwarted the proper prosecution of the defendant. If the
100forfeiture has been before discharge, the court shall direct
101remission of the forfeiture. The court shall condition a
102discharge or remission on the payment of costs and the expenses
103incurred by an official in returning the defendant to the
104jurisdiction of the court.
105     (b)  Failure of the state attorney to institute extradition
106proceedings or extradite the principal on a bail bond after the
107surety has agreed in writing to pay actual transportation costs
108shall exonerate the surety, and any forfeiture or judgment shall
109be set aside or vacated and any payment by the surety of a
110forfeiture or judgment shall be remitted in full.
111     Section 5.  Subsection (1) of section 903.27, Florida
112Statutes, is amended to read:
113     903.27  Forfeiture to judgment.--
114     (1)  If the forfeiture is not paid or discharged by order
115of a court of competent jurisdiction within 60 days and the bond
116is secured other than by money and bonds authorized in s.
117903.16, the clerk of the circuit court for the county where the
118order was made shall enter a judgment against the surety for the
119amount of the penalty and issue execution. However, in any case
120in which the bond forfeiture has been discharged by the court of
121competent jurisdiction conditioned upon the payment by the
122surety of certain costs or fees as allowed by statute, the
123amount for which judgment may be entered may not exceed the
124amount of the unpaid fees or costs upon which the discharge had
125been conditioned. Judgment for the full amount of the forfeiture
126shall not be entered if payment of a lesser amount will satisfy
127the conditions to discharge the forfeiture. Within 10 days, the
128clerk shall furnish the Department of Financial Services and the
129Office of Insurance Regulation of the Financial Services
130Commission with a certified copy of the judgment docket and
131shall furnish the surety company at its home office a copy of
132the judgment, which shall include the power of attorney number
133of the bond and the name of the executing agent. If the judgment
134is not paid within 35 days, the clerk shall furnish the
135Department of Financial Services, the Office of Insurance
136Regulation, and the sheriff of the county in which the bond was
137executed, or the official responsible for operation of the
138county jail, if other than the sheriff, two copies of the
139judgment and a certificate stating that the judgment remains
140unsatisfied. When and if the judgment is properly paid or an
141order to vacate the judgment has been entered by a court of
142competent jurisdiction, the clerk shall immediately notify the
143sheriff, or the official responsible for the operation of the
144county jail, if other than the sheriff, and the Department of
145Financial Services and the Office of Insurance Regulation, if
146the department and office had been previously notified of
147nonpayment, of such payment or order to vacate the judgment. The
148clerk shall also immediately prepare and record in the public
149records a satisfaction of the judgment or record the order to
150vacate judgment. If the defendant is returned to the county of
151jurisdiction of the court, whenever a motion to set aside the
152judgment is filed, the operation of this section is tolled until
153the court makes a disposition of the motion.
154     Section 6.  Section 903.31, Florida Statutes, is amended to
155read:
156     903.31  Canceling the bond.--
157     (1)  Within 10 business days after the conditions of a bond
158have been satisfied or the forfeiture discharged or remitted,
159the court shall order the bond shall be canceled and, if the
160surety has attached a certificate of cancellation to the
161original bond, the clerk of the court shall furnish an executed
162certificate of cancellation to the surety without cost. An
163adjudication of guilt or innocence of the defendant shall
164satisfy the conditions of the bond. The original appearance bond
165shall expire 36 months after such bond has been posted for the
166release of the defendant from custody. This subsection does not
167apply to cases in which a bond has been declared forfeited.
168     (2)  The original appearance bond does shall not be
169construed to guarantee deferred sentences, appearance during or
170after a presentence investigation, appearance during or after
171appeals, conduct during or appearance after admission to a
172pretrial intervention program, payment of fines, or attendance
173at educational or rehabilitation facilities the court otherwise
174provides in the judgment. If the original appearance bond has
175been forfeited or revoked, the bond shall not be reinstated
176without approval from the surety on the original bond.
177     (3)  The original appearance bond does not guarantee the
178defendant's conduct or appearance in court at any time after:
179     (a)  The defendant enters a plea of guilty or nolo
180contendere;
181     (b)  The defendant enters into an agreement for deferred
182prosecution or agrees to enter a pretrial intervention program;
183     (c)  The defendant is acquitted;
184     (d)  The defendant is adjudicated guilty;
185     (e)  Adjudication of guilt of the defendant is withheld; or
186     (f)  The defendant is found guilty by a judge or jury.
187     (4)(3)  In any case where no formal charges have been
188brought against the defendant within 365 days after arrest, the
189court shall order the bond canceled unless good cause is shown
190by the state.
191     Section 7.  This act shall take effect October 1, 2006.


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