1 | A bill to be entitled |
2 | An act relating to pretrial release; amending s. 903.02, |
3 | F.S.; providing that any judge setting or granting bail |
4 | shall set a separate bail amount for each charge or |
5 | offense; amending s. 903.046, F.S.; providing that a |
6 | defendant forfeits the right to a presumption in favor of |
7 | release on nonmonetary conditions if charged with a second |
8 | or subsequent felony within a certain time period; |
9 | amending s. 903.047, F.S.; requiring a defendant to comply |
10 | with all conditions of pretrial release; amending s. |
11 | 903.26, F.S.; providing for issuance of a capias or arrest |
12 | warrant for a defendant who has failed to appear; |
13 | providing requirements for such a capias or warrant; |
14 | providing for exoneration of a surety and discharge of any |
15 | bonds if a court fails or refuses to issue such capias or |
16 | arrest warrant; providing that failure of the state |
17 | attorney to institute extradition proceedings or extradite |
18 | the principal on a bail bond after the surety's written |
19 | agreement to pay actual transportation costs exonerates |
20 | the surety; amending s. 903.27, F.S; providing that in |
21 | cases in which the bond forfeiture has been discharged by |
22 | the court, the amount of the judgment may not exceed the |
23 | amount of the unpaid fees or costs upon which the |
24 | discharge had been conditioned; amending s. 903.31, F.S.; |
25 | providing that the clerk of court shall furnish an |
26 | executed certificate of cancellation to the surety; |
27 | providing that the original appearance bond does not |
28 | guarantee the defendant's conduct or appearance in court |
29 | under certain circumstances; providing an effective date. |
30 |
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31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
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33 | Section 1. Subsection (4) is added to section 903.02, |
34 | Florida Statutes, to read: |
35 | 903.02 Actions following with respect to denial; changes |
36 | in bail or conditions of bail or bond amount; separation by |
37 | charge or offense of bond prohibited; "court" defined.-- |
38 | (4) Any judge setting or granting monetary bail shall set |
39 | a separate and specific bail amount for each charge or offense. |
40 | When bail is posted, each charge or offense requires a separate |
41 | bond. |
42 | Section 2. Subsection (3) is added to section 903.046, |
43 | Florida 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 |
46 | felony within 3 years after the date of a prior felony charge, |
47 | regardless of whether a conviction was entered, the defendant |
48 | forfeits the right to a presumption in favor of release on |
49 | nonmonetary conditions as provided in s. 907.041. |
50 | Section 3. Subsection (1) of section 903.047, Florida |
51 | Statutes, is amended to read: |
52 | 903.047 Conditions of pretrial release.-- |
53 | (1) As a condition of pretrial release, whether such |
54 | release is by surety bail bond or recognizance bond or in some |
55 | other form, the defendant court shall require that: |
56 | (a) The defendant Refrain from criminal activity of any |
57 | kind.; and |
58 | (b) The defendant Refrain from any contact of any type |
59 | with the victim, except through pretrial discovery pursuant to |
60 | the 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, |
63 | Florida Statutes, are amended to read: |
64 | 903.26 Forfeiture of the bond; when and how directed; |
65 | discharge; 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 |
68 | within 6 months from the date of arrest;, and |
69 | 2.(b) The clerk of court gave the surety at least 72 |
70 | hours' notice, exclusive of Saturdays, Sundays, and holidays, |
71 | before the time of the required appearance of the defendant. |
72 | Notice shall not be necessary if the time for appearance is |
73 | within 72 hours from the time of arrest, or if the time is |
74 | stated on the bond. |
75 | (b) Instant with any failure to appear by a defendant, the |
76 | court shall order and issue to the sheriff for execution a |
77 | capias or arrest warrant for the defendant who has failed to |
78 | appear. Such capias or warrant shall comply with the |
79 | requirements of s. 903.046(2)(d) and shall also require |
80 | extradition of the defendant when arrested in another state if |
81 | the original charge is a felony and require return |
82 | transportation of the defendant when arrested in another state |
83 | to the jurisdiction of the court when arrested on any case |
84 | within the state. If the court fails or refuses to issue such |
85 | capias or arrest warrant, the surety shall immediately be |
86 | exonerated and any bonds deposited shall be discharged by the |
87 | clerk of the court in compliance with s. 903.31(1). |
88 | (5)(a) The court shall discharge a forfeiture within 60 |
89 | days upon: |
90 | 1.(a) A determination that it was impossible for the |
91 | defendant to appear as required due to circumstances beyond the |
92 | defendant's control. The potential adverse economic consequences |
93 | of appearing as required shall not be considered as constituting |
94 | a ground for such a determination; |
95 | 2.(b) A determination that, at the time of the required |
96 | appearance, the defendant was adjudicated insane and confined in |
97 | an institution or hospital or was confined in a jail or prison; |
98 | 3.(c) Surrender or arrest of the defendant if the delay |
99 | has not thwarted the proper prosecution of the defendant. If the |
100 | forfeiture has been before discharge, the court shall direct |
101 | remission of the forfeiture. The court shall condition a |
102 | discharge or remission on the payment of costs and the expenses |
103 | incurred by an official in returning the defendant to the |
104 | jurisdiction of the court. |
105 | (b) Failure of the state attorney to institute extradition |
106 | proceedings or extradite the principal on a bail bond after the |
107 | surety has agreed in writing to pay actual transportation costs |
108 | shall exonerate the surety, and any forfeiture or judgment shall |
109 | be set aside or vacated and any payment by the surety of a |
110 | forfeiture or judgment shall be remitted in full. |
111 | Section 5. Subsection (1) of section 903.27, Florida |
112 | Statutes, is amended to read: |
113 | 903.27 Forfeiture to judgment.-- |
114 | (1) If the forfeiture is not paid or discharged by order |
115 | of a court of competent jurisdiction within 60 days and the bond |
116 | is secured other than by money and bonds authorized in s. |
117 | 903.16, the clerk of the circuit court for the county where the |
118 | order was made shall enter a judgment against the surety for the |
119 | amount of the penalty and issue execution. However, in any case |
120 | in which the bond forfeiture has been discharged by the court of |
121 | competent jurisdiction conditioned upon the payment by the |
122 | surety of certain costs or fees as allowed by statute, the |
123 | amount for which judgment may be entered may not exceed the |
124 | amount of the unpaid fees or costs upon which the discharge had |
125 | been conditioned. Judgment for the full amount of the forfeiture |
126 | shall not be entered if payment of a lesser amount will satisfy |
127 | the conditions to discharge the forfeiture. Within 10 days, the |
128 | clerk shall furnish the Department of Financial Services and the |
129 | Office of Insurance Regulation of the Financial Services |
130 | Commission with a certified copy of the judgment docket and |
131 | shall furnish the surety company at its home office a copy of |
132 | the judgment, which shall include the power of attorney number |
133 | of the bond and the name of the executing agent. If the judgment |
134 | is not paid within 35 days, the clerk shall furnish the |
135 | Department of Financial Services, the Office of Insurance |
136 | Regulation, and the sheriff of the county in which the bond was |
137 | executed, or the official responsible for operation of the |
138 | county jail, if other than the sheriff, two copies of the |
139 | judgment and a certificate stating that the judgment remains |
140 | unsatisfied. When and if the judgment is properly paid or an |
141 | order to vacate the judgment has been entered by a court of |
142 | competent jurisdiction, the clerk shall immediately notify the |
143 | sheriff, or the official responsible for the operation of the |
144 | county jail, if other than the sheriff, and the Department of |
145 | Financial Services and the Office of Insurance Regulation, if |
146 | the department and office had been previously notified of |
147 | nonpayment, of such payment or order to vacate the judgment. The |
148 | clerk shall also immediately prepare and record in the public |
149 | records a satisfaction of the judgment or record the order to |
150 | vacate judgment. If the defendant is returned to the county of |
151 | jurisdiction of the court, whenever a motion to set aside the |
152 | judgment is filed, the operation of this section is tolled until |
153 | the court makes a disposition of the motion. |
154 | Section 6. Section 903.31, Florida Statutes, is amended to |
155 | read: |
156 | 903.31 Canceling the bond.-- |
157 | (1) Within 10 business days after the conditions of a bond |
158 | have been satisfied or the forfeiture discharged or remitted, |
159 | the court shall order the bond shall be canceled and, if the |
160 | surety has attached a certificate of cancellation to the |
161 | original bond, the clerk of the court shall furnish an executed |
162 | certificate of cancellation to the surety without cost. An |
163 | adjudication of guilt or innocence of the defendant shall |
164 | satisfy the conditions of the bond. The original appearance bond |
165 | shall expire 36 months after such bond has been posted for the |
166 | release of the defendant from custody. This subsection does not |
167 | apply to cases in which a bond has been declared forfeited. |
168 | (2) The original appearance bond does shall not be |
169 | construed to guarantee deferred sentences, appearance during or |
170 | after a presentence investigation, appearance during or after |
171 | appeals, conduct during or appearance after admission to a |
172 | pretrial intervention program, payment of fines, or attendance |
173 | at educational or rehabilitation facilities the court otherwise |
174 | provides in the judgment. If the original appearance bond has |
175 | been forfeited or revoked, the bond shall not be reinstated |
176 | without approval from the surety on the original bond. |
177 | (3) The original appearance bond does not guarantee the |
178 | defendant's conduct or appearance in court at any time after: |
179 | (a) The defendant enters a plea of guilty or nolo |
180 | contendere; |
181 | (b) The defendant enters into an agreement for deferred |
182 | prosecution 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 |
188 | brought against the defendant within 365 days after arrest, the |
189 | court shall order the bond canceled unless good cause is shown |
190 | by the state. |
191 | Section 7. This act shall take effect October 1, 2006. |