Florida Senate - 2016                                    SB 1464
       
       
        
       By Senator Hutson
       
       6-00390A-16                                           20161464__
    1                        A bill to be entitled                      
    2         An act relating to bail bonds; amending s. 903.045,
    3         F.S.; revising legislative intent concerning the
    4         obligations of a bail bond agent; amending s. 903.26,
    5         F.S.; specifying that a failure to appear requires the
    6         bond and any bonds or money deposited as bail to be
    7         forfeited; revising the circumstances that require a
    8         forfeiture to be discharged; amending s. 903.28, F.S.;
    9         revising the amount of forfeiture to be remitted under
   10         different specified conditions; amending s. 903.31,
   11         F.S.; specifying that certain provisions concerning
   12         cancellation of a bond do not apply if the bond is
   13         forfeited within a specified period after it has been
   14         posted; providing that the original appearance bond
   15         does not guarantee placement in any court-ordered
   16         program; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 903.045, Florida Statutes, is amended to
   21  read:
   22         903.045 Nature of criminal surety bail bonds.—It is the
   23  public policy of this state and the intent of the Legislature
   24  that a criminal surety bail bond, executed by a bail bond agent
   25  licensed pursuant to chapter 648 in connection with the pretrial
   26  or appellate release of a criminal defendant, shall be construed
   27  as a commitment by and an obligation upon the bail bond agent to
   28  ensure that the defendant appears at all subsequent criminal
   29  proceedings for which the surety bond was posted and otherwise
   30  fulfills all conditions of the bond. The failure of a defendant
   31  to appear at any subsequent criminal proceeding for which the
   32  surety bond was posted or the breach by the defendant of any
   33  other condition of the bond constitutes a breach by the bail
   34  bond agent of this commitment and obligation.
   35         Section 2. Subsections (2), (5), (6), (7), and (8) of
   36  section 903.26, Florida Statutes, are amended to read:
   37         903.26 Forfeiture of the bond; when and how directed;
   38  discharge; how and when made; effect of payment.—
   39         (2)(a) If there is a failure to appear breach of the bond,
   40  the court shall declare the bond and any bonds or money
   41  deposited as bail forfeited. The clerk of the court shall mail
   42  or electronically transmit a notice to the surety agent and
   43  surety company within 5 days after the forfeiture. A certificate
   44  signed by the clerk of the court or the clerk’s designee,
   45  certifying that the notice required herein was mailed or
   46  electronically transmitted on a specified date and accompanied
   47  by a copy of the required notice, shall constitute sufficient
   48  proof that such mailing or electronic transmission was properly
   49  accomplished as indicated therein. If such mailing or electronic
   50  transmission was properly accomplished as evidenced by such
   51  certificate, the failure of the surety agent, of a company, or
   52  of a defendant to receive such notice shall not constitute a
   53  defense to such forfeiture and shall not be grounds for
   54  discharge, remission, reduction, set aside, or continuance of
   55  such forfeiture. The forfeiture shall be paid within 60 days
   56  after of the date the notice was mailed or electronically
   57  transmitted.
   58         (b) Failure of the defendant to appear at the time, date,
   59  and place of required appearance shall result in forfeiture of
   60  the bond. Such forfeiture shall be automatically entered by the
   61  clerk upon such failure to appear, and the clerk shall follow
   62  the procedures outlined in paragraph (a). However, the court may
   63  determine, in its discretion, in the interest of justice, that
   64  an appearance by the defendant on the same day as required does
   65  not warrant forfeiture of the bond; and the court may direct the
   66  clerk to set aside any such forfeiture which may have been
   67  entered. Any appearance by the defendant later than the required
   68  day constitutes forfeiture of the bond, and the court shall not
   69  preclude entry of such forfeiture by the clerk.
   70         (c) If there is a forfeiture breach of the bond, the clerk
   71  shall provide, upon request, a certified copy of the warrant or
   72  capias to the bail bond agent or surety company.
   73         (5) The court shall discharge a forfeiture within 60 days
   74  upon:
   75         (a) A determination that it was impossible for the
   76  defendant to appear as required or within 60 days after the
   77  required appearance due to circumstances beyond the defendant’s
   78  control. The potential adverse economic consequences of
   79  appearing as required may shall not be considered as
   80  constituting a ground for such a determination;
   81         (b) A determination that, at the time of the required
   82  appearance or within 60 days after the required appearance, the
   83  defendant was adjudicated insane and confined in an institution
   84  or hospital; or was confined in any county, state, federal, or
   85  immigration a jail or prison; or is deceased;
   86         (c) Surrender or arrest of the defendant if the delay has
   87  not thwarted the proper prosecution of the defendant. If the
   88  forfeiture has been before discharge, the court shall direct
   89  remission of the forfeiture. The court shall condition a
   90  discharge or remission on the payment of costs and the expenses
   91  incurred by an official in returning the defendant to the
   92  jurisdiction of the court; or
   93         (d)A determination that the state is unwilling to seek
   94  nationwide extradition of the fugitive defendant within 10 days
   95  after a request by the surety to do so, and contingent upon the
   96  surety agent’s consent to pay all transportation costs incurred
   97  by an official in returning the defendant to the jurisdiction of
   98  the court, up to the penal amount of the bond.
   99         (6)The discharge of a forfeiture shall not be ordered for
  100  any reason other than as specified herein.
  101         (6)(7) The payment by a surety of a forfeiture under the
  102  provisions of this law shall have the same effect on the bond as
  103  payment of a judgment.
  104         (7)(8) If the defendant is arrested and returned to the
  105  county of jurisdiction of the court or has posted a new bond for
  106  the case at issue before prior to judgment, the clerk, upon
  107  affirmation by the sheriff or the chief correctional officer,
  108  shall, without further hearing and order of the court, discharge
  109  the forfeiture of the bond. However, if the surety agent fails
  110  to pay the costs and expenses incurred in returning the
  111  defendant to the county of jurisdiction, the clerk shall not
  112  discharge the forfeiture of the bond. If the surety agent and
  113  the sheriff fail to agree on the amount of said costs, then the
  114  court, after notice to the sheriff and the state attorney, shall
  115  determine the amount of the costs.
  116         Section 3. Subsections (2), (3), (4), (5), and (6) of
  117  section 903.28, Florida Statutes, are amended to read:
  118         903.28 Remission of forfeiture; conditions.—
  119         (2) If the defendant surrenders or is apprehended within 90
  120  days after forfeiture, the court, on motion at a hearing upon
  121  notice having been given to the clerk of the circuit court and
  122  the state attorney as required in subsection (8), shall direct
  123  remission of up to, but not more than, 100 percent of a
  124  forfeiture if the surety apprehended and surrendered the
  125  defendant or if the apprehension or surrender of the defendant
  126  was substantially procured or caused by the surety, or the
  127  surety has substantially attempted to procure or cause the
  128  apprehension or surrender of the defendant, and the delay has
  129  not thwarted the proper prosecution of the defendant. In
  130  addition, remission shall be granted when the surety did not
  131  substantially participate or attempt to participate in the
  132  apprehension or surrender of the defendant when the costs of
  133  returning the defendant to the jurisdiction of the court have
  134  been deducted from the remission and when the delay has not
  135  thwarted the proper prosecution of the defendant.
  136         (3) If the defendant surrenders or is apprehended within
  137  180 days after forfeiture, the court, on motion at a hearing
  138  upon notice having been given to the clerk of the circuit court
  139  and the state attorney as required in subsection (8), shall
  140  direct remission of up to, but not more than, 95 percent of a
  141  forfeiture if the surety apprehended and surrendered the
  142  defendant or if the apprehension or surrender of the defendant
  143  was substantially procured or caused by the surety, or the
  144  surety has substantially attempted to procure or cause the
  145  apprehension or surrender of the defendant, and the delay has
  146  not thwarted the proper prosecution of the defendant. In
  147  addition, remission shall be granted when the surety did not
  148  substantially participate or attempt to participate in the
  149  apprehension or surrender of the defendant when the costs of
  150  returning the defendant to the jurisdiction of the court have
  151  been deducted from the remission and when the delay has not
  152  thwarted the proper prosecution of the defendant.
  153         (4) If the defendant surrenders or is apprehended within
  154  270 days after forfeiture, the court, on motion at a hearing
  155  upon notice having been given to the clerk of the circuit court
  156  and the state attorney as required in subsection (8), shall
  157  direct remission of up to, but not more than, 90 percent of a
  158  forfeiture if the surety apprehended and surrendered the
  159  defendant or if the apprehension or surrender of the defendant
  160  was substantially procured or caused by the surety, or the
  161  surety has substantially attempted to procure or cause the
  162  apprehension or surrender of the defendant, and the delay has
  163  not thwarted the proper prosecution of the defendant. In
  164  addition, remission shall be granted when the surety did not
  165  substantially participate or attempt to participate in the
  166  apprehension or surrender of the defendant when the costs of
  167  returning the defendant to the jurisdiction of the court have
  168  been deducted from the remission and when the delay has not
  169  thwarted the proper prosecution of the defendant.
  170         (5) If the defendant surrenders or is apprehended within 1
  171  year after forfeiture, the court, on motion at a hearing upon
  172  notice having been given to the clerk of the circuit court and
  173  the state attorney as required in subsection (8), shall direct
  174  remission of up to, but not more than, 85 percent of a
  175  forfeiture if the surety apprehended and surrendered the
  176  defendant or if the apprehension or surrender of the defendant
  177  was substantially procured or caused by the surety, or the
  178  surety has substantially attempted to procure or cause the
  179  apprehension or surrender of the defendant, and the delay has
  180  not thwarted the proper prosecution of the defendant. In
  181  addition, remission shall be granted when the surety did not
  182  substantially participate or attempt to participate in the
  183  apprehension or surrender of the defendant when the costs of
  184  returning the defendant to the jurisdiction of the court have
  185  been deducted from the remission and when the delay has not
  186  thwarted the proper prosecution of the defendant.
  187         (6) If the defendant surrenders or is apprehended within 2
  188  years after forfeiture, the court, on motion at a hearing upon
  189  notice having been given to the clerk of the circuit court and
  190  the state attorney as required in subsection (8), shall direct
  191  remission of up to, but not more than, 50 percent of a
  192  forfeiture if the surety apprehended and surrendered the
  193  defendant or if the apprehension or surrender of the defendant
  194  was substantially procured or caused by the surety, or the
  195  surety has substantially attempted to procure or cause the
  196  apprehension or surrender of the defendant, and the delay has
  197  not thwarted the proper prosecution of the defendant. In
  198  addition, remission shall be granted when the surety did not
  199  substantially participate or attempt to participate in the
  200  apprehension or surrender of the defendant when the costs of
  201  returning the defendant to the jurisdiction of the court have
  202  been deducted from the remission and when the delay has not
  203  thwarted the proper prosecution of the defendant.
  204         Section 4. Section 903.31, Florida Statutes, is amended to
  205  read:
  206         903.31 Canceling the bond.—
  207         (1) Within 10 business days after the conditions of a bond
  208  have been satisfied or the forfeiture discharged or remitted,
  209  the court shall order the bond canceled and, if the surety has
  210  attached a certificate of cancellation to the original bond, the
  211  clerk of the court shall mail or electronically furnish an
  212  executed certificate of cancellation to the surety without cost.
  213  An adjudication of guilt or innocence, an acquittal, or a
  214  withholding of an adjudication of guilt shall satisfy the
  215  conditions of the bond. The original appearance bond shall
  216  expire 36 months after such bond has been posted for the release
  217  of the defendant from custody. This subsection does not apply to
  218  cases in which a bond has been declared forfeited before the 36
  219  month expiration.
  220         (2) The original appearance bond does not guarantee
  221  deferred sentences, appearance during or after a presentence
  222  investigation, appearance during or after appeals, conduct
  223  during or appearance after admission to a pretrial intervention
  224  program, placement in any court-ordered program, including a
  225  residential mental health facility, payment of fines, or
  226  attendance at educational or rehabilitation facilities the court
  227  otherwise provides in the judgment. If the original appearance
  228  bond has been forfeited or revoked, the bond shall not be
  229  reinstated without approval from the surety on the original
  230  bond.
  231         (3) If In any case where no formal charges are have been
  232  brought against the defendant within 365 days after arrest, the
  233  court shall order the bond canceled unless good cause is shown
  234  by the state.
  235         Section 5. This act shall take effect July 1, 2016.