Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1352
       
       
       
       
       
       
                                Barcode 773762                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/29/2013 03:34 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 363 and 364
    4  insert:
    5         Section 6. Subsection (1) of section 903.14, Florida
    6  Statutes, is amended to read:
    7         903.14 Contracts to indemnify sureties.—
    8         (1) A surety shall file with the bond an affidavit stating
    9  the amount and source of any security or consideration which the
   10  surety or anyone for his or her use has received or been
   11  promised for the bond. The affidavit may be filed in person or
   12  electronically.
   13         Section 7. Paragraph (b) of subsection (1), paragraph (a)
   14  of subsection (2), and subsection (3) of section 903.26, Florida
   15  Statutes, are amended to read:
   16         903.26 Forfeiture of the bond; when and how directed;
   17  discharge; how and when made; effect of payment.—
   18         (1) A bail bond shall not be forfeited unless:
   19         (b) The clerk of court gave the surety at least 72 hours’
   20  notice, exclusive of Saturdays, Sundays, and holidays, before
   21  the time of the required appearance of the defendant. Notice is
   22  shall not be necessary if the time for appearance is within 72
   23  hours after from the time of arrest, or if the time is stated on
   24  the bond. Such notice may be mailed or electronically
   25  transmitted.
   26         (2)(a) If there is a breach of the bond, the court shall
   27  declare the bond and any bonds or money deposited as bail
   28  forfeited. The clerk of the court shall mail or electronically
   29  transmit a notice to the surety agent and surety company in
   30  writing within 5 days after of the forfeiture. A certificate
   31  signed by the clerk of the court or the clerk’s designee,
   32  certifying that the notice required herein was mailed or
   33  electronically transmitted on a specified date and accompanied
   34  by a copy of the required notice, shall constitute sufficient
   35  proof that such mailing or electronic transmission was properly
   36  accomplished as indicated therein. If such mailing or electronic
   37  transmission was properly accomplished as evidenced by such
   38  certificate, the failure of the surety agent, of a company, or
   39  of a defendant to receive such mail notice does shall not
   40  constitute a defense to such forfeiture and may shall not be
   41  grounds for discharge, remission, reduction, set aside, or
   42  continuance of such forfeiture. The forfeiture shall be paid
   43  within 60 days after of the date the notice was mailed or
   44  electronically transmitted.
   45         (3) Sixty days after the forfeiture notice has been mailed
   46  or electronically transmitted:
   47         (a) State and county officials having custody of forfeited
   48  money shall deposit the money in the fine and forfeiture fund
   49  established pursuant to s. 142.01.;
   50         (b) Municipal officials having custody of forfeited money
   51  shall deposit the money in a designated municipal fund.;
   52         (c) Officials having custody of bonds as authorized by s.
   53  903.16 shall transmit the bonds to the clerk of the circuit
   54  court who shall sell them at market value and disburse the
   55  proceeds as provided in paragraphs (a) and (b).
   56         Section 8. Subsections (1) and (2) of section 903.27,
   57  Florida Statutes, are amended to read:
   58         903.27 Forfeiture to judgment.—
   59         (1) If the forfeiture is not paid or discharged by order of
   60  a court of competent jurisdiction within 60 days and the bond is
   61  secured other than by money and bonds authorized in s. 903.16,
   62  the clerk of the circuit court for the county where the order
   63  was made shall enter a judgment against the surety for the
   64  amount of the penalty and issue execution. However, in any case
   65  in which the bond forfeiture has been discharged by the court of
   66  competent jurisdiction conditioned upon the payment by the
   67  surety of certain costs or fees as allowed by statute, the
   68  amount for which judgment may be entered may not exceed the
   69  amount of the unpaid fees or costs upon which the discharge had
   70  been conditioned. Judgment for the full amount of the forfeiture
   71  may shall not be entered if payment of a lesser amount will
   72  satisfy the conditions to discharge the forfeiture. Within 10
   73  days, the clerk shall furnish the Department of Financial
   74  Services and the Office of Insurance Regulation of the Financial
   75  Services Commission with a certified copy of the judgment docket
   76  and shall furnish the surety company at its home office a copy
   77  of the judgment, which must shall include the power of attorney
   78  number of the bond and the name of the executing agent. If the
   79  judgment is not paid within 35 days, the clerk shall furnish the
   80  Department of Financial Services, the Office of Insurance
   81  Regulation, and the sheriff of the county in which the bond was
   82  executed, or the official responsible for operation of the
   83  county jail, if other than the sheriff, two copies of the
   84  judgment and a certificate stating that the judgment remains
   85  unsatisfied. When and If the judgment is properly paid or an
   86  order to vacate the judgment has been entered by a court of
   87  competent jurisdiction, the clerk shall immediately notify the
   88  sheriff, or the official responsible for the operation of the
   89  county jail, if other than the sheriff, and the Department of
   90  Financial Services and the Office of Insurance Regulation, if
   91  the department and office had been previously notified of
   92  nonpayment, of such payment or order to vacate the judgment. The
   93  clerk may furnish documents or give notice as required in this
   94  subsection by mail or electronic means. The clerk shall also
   95  immediately prepare and record in the public records a
   96  satisfaction of the judgment or record the order to vacate
   97  judgment. If the defendant is returned to the county of
   98  jurisdiction of the court, whenever a motion to set aside the
   99  judgment is filed, the operation of this section is tolled until
  100  the court makes a disposition of the motion.
  101         (2) A certificate signed by the clerk of the court or her
  102  or his designee, certifying that the notice required in
  103  subsection (1) was mailed or electronically delivered on a
  104  specified date, and accompanied by a copy of the required notice
  105  constitutes sufficient proof that such mailing or electronic
  106  delivery was properly accomplished as indicated therein. If such
  107  mailing or electronic delivery was properly accomplished as
  108  evidenced by such certificate, the failure of a company to
  109  receive a copy of the judgment as prescribed in subsection (1)
  110  does not constitute a defense to the forfeiture and is not a
  111  ground for the discharge, remission, reduction, set-aside, or
  112  continuance of such forfeiture.
  113         Section 9. Subsection (1) of section 903.31, Florida
  114  Statutes, is amended to read:
  115         903.31 Canceling the bond.—
  116         (1) Within 10 business days after the conditions of a bond
  117  have been satisfied or the forfeiture discharged or remitted,
  118  the court shall order the bond canceled and, if the surety has
  119  attached a certificate of cancellation to the original bond, the
  120  clerk of the court shall mail or electronically furnish an
  121  executed certificate of cancellation to the surety without cost.
  122  An adjudication of guilt or innocence, an acquittal, or a
  123  withholding of an adjudication of guilt shall satisfy the
  124  conditions of the bond. The original appearance bond shall
  125  expire 36 months after such bond has been posted for the release
  126  of the defendant from custody. This subsection does not apply to
  127  cases in which a bond has been declared forfeited.
  128  
  129  ================= T I T L E A M E N D M E N T ================
  130         And the title is amended as follows:
  131         Delete line 27
  132  and insert:
  133         are available on the appraiser’s website; amending s.
  134         903.14, F.S.; permitting the electronic filing of
  135         certain affidavits; amending s. 903.26, F.S.;
  136         authorizing a clerk of court to mail or electronically
  137         transmit a notice relating to a bond forfeiture
  138         proceeding; amending s. 903.27, F.S.; permitting a
  139         clerk of court to furnish certain required documents
  140         and notices relating to bond forfeitures by mail or
  141         electronic means; amending s. 903.31, F.S.; providing
  142         that a certificate of cancellation of an original bond
  143         may be furnished by mail or electronically; providing
  144         an