Bill No. CS/HB 7023
Amendment No. 450687
Senate House

1Representative Dorworth offered the following:
3     Amendment (with title amendment)
4     Between lines 300 and 301, insert:
5     Section 25.  Eligibility criteria for government-funded
6pretrial release.-
7     (1)  It is the policy of this state that only defendants
8who are indigent and therefore qualify for representation by the
9public defender are eligible for government-funded pretrial
10release. Further, it is the policy of this state that, to the
11greatest extent possible, the resources of the private sector be
12used to assist in the pretrial release of defendants. It is the
13intent of the Legislature that this section not be interpreted
14to limit the discretion of courts with respect to ordering
15reasonable conditions for pretrial release for any defendant.
16However, it is the intent of the Legislature that government-
17funded pretrial release be ordered only as an alternative to
18release on a defendant's own recognizance or release by the
19posting of a surety bond.
20     (2)  A pretrial release program established by an ordinance
21of the county commission, an administrative order of the court,
22or by any other means in order to assist in the release of
23defendants from pretrial custody is subject to the eligibility
24criteria set forth in this section. These eligibility criteria
25supersede and preempt all conflicting local ordinances, orders,
26or practices. Each pretrial release program shall certify
27annually, in writing, to the chief circuit court judge, that it
28has complied with the reporting requirements of s. 907.043(4),
29Florida Statutes.
30     (3)  A defendant is eligible to receive government-funded
31pretrial release only by order of the court after the court
32finds in writing upon consideration of the defendant's affidavit
33of indigence that the defendant is indigent or partially
34indigent as set forth in Rule 3.111, Florida Rules of Criminal
35Procedure, and that the defendant has not previously failed to
36appear at any required court proceeding. A defendant may not
37receive a government-funded pretrial release if the defendant's
38income is above 300 percent of the then-current federal poverty
39guidelines prescribed for the size of the household of the
40defendant by the United States Department of Health and Human
41Services, unless the defendant is receiving Temporary Assistance
42for Needy Families-Cash Assistance, poverty-related veterans'
43benefits, Supplemental Security Income (SSI), food stamps, or
45     (4)  If a defendant seeks to post a surety bond pursuant to
46a bond schedule established by administrative order as an
47alternative to government-funded pretrial release, the defendant
48shall be permitted to do so without any interference or
49restriction by a pretrial release program.
50     (5)  This section does not prohibit the court from:
51     (a)  Releasing a defendant on the defendant's own
53     (b)  Imposing upon the defendant any additional reasonable
54condition of release as part of release on the defendant's own
55recognizance or the posting of a surety bond upon a finding of
56need in the interest of public safety, including, but not
57limited to, electronic monitoring, drug testing, or substance
58abuse treatment.
59     (6)  In lieu of using a government-funded program to ensure
60the court appearance of any defendant, a county may reimburse a
61licensed surety agent for the premium costs of a surety bail
62bond that secures the appearance of an indigent defendant at all
63court proceedings if the court establishes a bail bond amount
64for the indigent defendant.
65     (7)  A defendant who is not otherwise eligible for
66government-funded pretrial release under subsection (3) is
67eligible for government-funded pretrial release 48 hours after
68the defendant's arrest.
69     (8)  The income eligibility limitations applicable to
70government-funded pretrial release programs apply only to those
71counties with a population equal to or greater than 350,000
73     (9)  This section does not prohibit a law enforcement
74officer or a code enforcement officer authorized under s.
75162.23, Florida Statutes, from issuing a notice to appear in
76lieu of jail.
T I T L E  A M E N D M E N T
80     Between lines 59 and 60, insert:
81requiring each pretrial release program established by ordinance
82of a county commission, by administrative order of a court, or
83by any other means in order to assist in the release of a
84defendant from pretrial custody to conform to the eligibility
85criteria set forth in the act; preempting any conflicting local
86ordinances, orders, or practices; requiring that the defendant
87satisfy certain eligibility criteria in order to be assigned to
88a pretrial release program; providing that the act does not
89prohibit a court from releasing a defendant on the defendant's
90own recognizance or imposing any other reasonable condition of
91release on the defendant; authorizing a county to reimburse a
92licensed surety agent for the premium costs of a bail bond for
93the pretrial release of an indigent defendant under certain
94circumstances; providing that a defendant who is not otherwise
95eligible for government-funded pretrial release becomes eligible
96for government-funded pretrial release 48 hours after the
97defendant's arrest; providing that the income eligibility
98limitations applicable to government-funded pretrial release
99programs apply only to certain specified counties; providing
100that the act does not prohibit a law enforcement officer or a
101code enforcement officer from issuing a notice to appear in
102certain conditions;

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