Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 76

278050

CHAMBER ACTION

Senate

Comm: WD

4/10/2008

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House



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The Committee on Criminal and Civil Justice Appropriations (Dean)

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recommended the following amendment to amendment (357726):

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     Senate Amendment (with title amendment)

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     Between lines 646 and 647

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insert:

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     Section 21.  Subsection (3) is added to section 948.03,

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Florida Statutes, to read:

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     948.03  Terms and conditions of probation.--

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     (3) As a condition of an order sentencing a person to

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probation, community control, or any other court-ordered

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community supervision, and subject to the ability of the person

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to pay postjudgment obligations, the court may order the posting

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of a surety bond to secure the appearance of the person at any

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subsequent court proceeding. The surety bond must be filed by a

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bail agent with the sheriff who shall provide a copy to the clerk

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of the court. Upon written notice by the court or the clerk of

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the court, the bail agent shall produce the person to the court.

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The bail agent shall surrender the person to the sheriff after

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the bail agent receives a written notice, e-mail, or facsimile

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notice from the probation officer that the person has violated

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the terms of probation, community control, or court-ordered

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community supervision. If the bail agent does not surrender the

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person to the sheriff after receiving notice from the probation

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officer or does not produce the person in court at the time

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noticed by the court or the clerk of court, the bond shall be

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forfeited in accordance with chapters 648 and 903. Failure to

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appear shall be the sole grounds for forfeiture of the appearance

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bond. If not inconsistent with this subsection, chapters 648 and

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903 shall govern the relationship between the parties to the

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bond.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 964, after the first semicolon,

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insert:

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amending s. 948.03, F.S.; authorizing the court to order

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the posting of a surety bond to secure the appearance of a

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person on probation, community control, or any other

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court-ordered community supervision at any subsequent

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court proceeding; requiring the bail agent to surrender

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the person to the sheriff after receiving written notice,

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e-mail, or facsimile notice from the probation officer

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that the person has violated the terms of probation,

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community control, or court-ordered community supervision;

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providing that if the bail agent does not surrender the

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person to the sheriff after receiving notice from the

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probation officer or does not produce the person in court

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at the time noticed by the court or the clerk of court,

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the surety bond is forfeited;

4/9/2008  1:38:00 PM     3-07120-08

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