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A bill to be entitled

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An act relating to pretrial release programs; creating s.

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907.043, F.S.; creating the "Citizens' Right-to-Know Act";

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defining the terms "nonsecured release," "pretrial release

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program," "register," and "secured release"; requiring

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each pretrial release program to prepare a register

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displaying information relevant to the defendants released

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through such a program; requiring that a copy of the

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register be located at the office of the clerk of the

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circuit court in the county where the program is located

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and readily accessible to the public; specifying the

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contents of the register; requiring each pretrial release

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program to submit an annual report to the Office of the

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State Court Administrator and to the clerk of the circuit

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court by a specified date; specifying the content of the

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annual report; providing penalties for noncompliance by

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the pretrial release program; amending s. 903.011, F.S.;

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providing requirements for the form of bail or bond

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required for release from detention; amending s. 903.09,

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F.S.; providing that the requirements and conditions

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applicable to surety bonds apply to cash bond deposits;

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amending s. 903.286, F.S.; requiring that all cash bond

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forms prominently display a notice explaining that cash

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funds are subject to forfeiture and withholding by the

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clerk of the court for the payment of court fees, court

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costs, and criminal penalties on behalf of the criminal

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defendant regardless of who posted the funds; providing an

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effective date.

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

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     Section 1.  Section 907.043, Florida Statutes, is created to

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read:

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     907.043 Pretrial release; citizens' right to know.--

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     (1) This section may be cited as the "Citizens' Right-to-

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Know Act."

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     (2) As used in this section, the term:

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     (a) "Nonsecured release" means the release of a defendant

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from pretrial custody when no secured surety or cash bond is

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required as a condition of the release.

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     (b) "Pretrial release program" means an entity, public or

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private, that conducts investigations of pretrial detainees,

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makes pretrial release recommendations to a court, and

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electronically monitors and supervises pretrial defendants.

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     (c) "Register" means a public record prepared by a pretrial

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release program which furnishes specified data and is readily

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available to the public at the office of the clerk of the circuit

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court.

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     (d) "Secured release" means the release of a defendant from

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pretrial custody with a financial guarantee, such as cash or a

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surety bond, required as a condition of the release.

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     (3)(a) Each pretrial release program must prepare a

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register displaying information that is relevant to the

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defendants released through such a program. A copy of the

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register must be located at the office of the clerk of the

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circuit court in the county where the program is located and must

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be readily accessible to the public.

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     (b) The register must be updated weekly and display

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accurate data regarding the following information:

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     1. The name, location, and funding source of the pretrial

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release program.

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     2. The number of defendants assessed and interviewed for

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pretrial release.

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     3. The number of indigent defendants assessed and

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interviewed for pretrial release.

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     4. The names and number of defendants accepted into the

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pretrial release program.

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     5. The names and number of indigent defendants accepted

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into the pretrial release program.

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     6. The charges filed against and the case numbers of

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defendants accepted into the pretrial release program.

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     7. The nature of any prior criminal conviction of a

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defendant accepted into the pretrial release program.

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     8. The court appearances required of defendants accepted

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into the pretrial release program.

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     9. The date of each defendant's failure to appear for a

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scheduled court appearance.

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     10. The number of warrants, if any, which have been issued

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for a defendant's arrest for failing to appear at a scheduled

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court appearance.

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     11. The number and type of program noncompliance

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infractions committed by a defendant in the pretrial release

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program and whether the pretrial release program recommended that

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the court revoke the defendant's release.

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     (4)(a) No later than March 31 of every year, each pretrial

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release program must submit an annual report for the previous

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calendar year to the Office of the State Court Administrator and

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to the clerk of the circuit court in the county where the

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pretrial release program is located. The annual report must be

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readily accessible to the public.

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     (b) The annual report must contain, but need not be limited

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to:

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     1. The name, location, and funding sources of the pretrial

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release program, including the amount of public funds, if any,

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received by the pretrial release program.

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     2. The operating and capital budget of each pretrial

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release program receiving public funds.

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     3. The percentage of the total budget representing receipt

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of public funds.

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     4. The number of persons employed by the pretrial release

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program.

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     5. The number of defendants assessed and interviewed for

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pretrial release.

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     6. The number of defendants recommended for pretrial

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release.

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     7. The number of defendants for whom the pretrial release

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program recommended against nonsecured release.

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     8. The number of defendants granted nonsecured release

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after the pretrial release program recommended nonsecured

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release.

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     9. The number of defendants assessed and interviewed for

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pretrial release who were declared indigent by the court.

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     10. The name and case number of each person granted

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nonsecured release who:

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     a. Failed to attend a scheduled court appearance.

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     b. Was issued a warrant for failing to appear.

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     c. Was arrested for any offense while on release through

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the pretrial release program.

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     11. Any additional information deemed necessary by the

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chief judge of the circuit court of the county or the Office of

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the State Court Administrator to assess the performance and cost

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efficiency of the pretrial release program.

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     (c) The annual report must disclose the percentage of the

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pretrial release program's budget which is allocated to assisting

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defendants obtain release through a nonpublicly funded program.

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     (d) The amount of fees paid by defendants to the pretrial

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release program.

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     (5) If the chief judge of the circuit court finds that the

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pretrial release program has not maintained the register or filed

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an annual report as required by this section, the chief judge

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shall:

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     (a) For a first occurrence of noncompliance, require the

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pretrial release program to immediately prepare a written report

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explaining the noncompliance and what measures will be taken to

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bring the pretrial release program into compliance and the date

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by which the noncompliance will be cured.

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     (b) For a second or subsequent occurrence of noncompliance,

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order the pretrial release program to show why it should not be

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held in contempt for its continued noncompliance. If the pretrial

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release program cannot justify the continued noncompliance, the

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chief judge may order the program to reduce its budget by 25

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percent if it is a pretrial release program receiving public

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funds and, if the pretrial release program is a private entity,

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immediately cancel all pretrial release contracts.

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     Section 2.  Section 903.011, Florida Statutes, is amended to

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read:

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     903.011 "Bail" and "bond" defined; general terms.--

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     (1) As used in this chapter, the terms "bail" and "bond"

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include any and all forms of pretrial release.

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     (2) Any monetary or cash component of any form of pretrial

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release may be met by a surety bond.

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     (3) Differing monetary amounts may not be set for cash,

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surety, or other forms of pretrial release.

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     Section 3.  Subsection (2) of section 903.09, Florida

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Statutes, is amended to read:

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     903.09  Justification of sureties.--

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     (2)  A bond agent, as defined in s. 648.25(2), shall justify

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her or his suretyship by attaching a copy of the power of

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attorney issued by the company to the bond or by attaching to the

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bond United States currency, a United States postal money order,

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or a cashier's check in the amount of the bond; but the United

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States currency, United States postal money order, or cashier's

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check cannot be used to secure more than one bond. These

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requirements and conditions apply also to cash bond deposits.

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This section does not Nothing herein shall prohibit two or more

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qualified sureties from each posting any portion of a bond

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amount, and being liable for only that amount, so long as the

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total posted by all cosureties is equal to the amount of bond

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required.

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     Section 4.  Section 903.286, Florida Statutes, is amended to

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read:

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     903.286  Return of cash bond; requirement to withhold unpaid

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fines, fees, and court costs; cash bond forms.--

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     (1) Notwithstanding the provisions of s. 903.31(2), the

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clerk of the court shall withhold from the return of a cash bond

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posted on behalf of a criminal defendant by a person other than a

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bail bond agent licensed pursuant to chapter 648 sufficient funds

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to pay any unpaid court fees, court costs, and criminal

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penalties. If In the event that sufficient funds are not

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available to pay all unpaid court fees, court costs, and criminal

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penalties, the clerk of the court shall immediately obtain

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payment from the defendant or enroll the defendant in a payment

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plan pursuant to s. 28.246.

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     (2) All cash bond forms used in conjunction with the

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requirements of s. 903.09 must prominently display a notice

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explaining that all funds are subject to forfeiture and

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withholding by the clerk of the court for the payment of court

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fees, court costs, and criminal penalties on behalf of the

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criminal defendant regardless of who posted the funds.

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     Section 5.  This act shall take effect July 1, 2008.