Florida Senate - 2025 SB 456
By Senator Truenow
13-00236A-25 2025456__
1 A bill to be entitled
2 An act relating to bail bonds; reenacting and amending
3 s. 903.011, F.S.; requiring, rather than authorizing,
4 that any monetary or cash component of any form of
5 pretrial release be met by specified means; amending
6 s. 903.045, F.S.; revising a statement of public
7 policy and legislative intent relating to the nature
8 of criminal bail bonds; amending s. 903.046, F.S.;
9 revising the criteria that a court must consider in
10 making specified determinations; amending s. 903.0471,
11 F.S.; requiring that, upon a court’s entry of an order
12 to revoke pretrial release and order pretrial
13 detention, the clerk of the court discharge any bond
14 previously posted as a condition of pretrial release
15 without further order of the court; amending s.
16 903.05, F.S.; deleting the requirement that a surety
17 own certain real estate as a qualification for the
18 release of a person on bail; repealing s. 903.08,
19 F.S., relating to sufficiency of sureties; amending s.
20 903.09, F.S.; requiring sureties, other than bail bond
21 agents, to justify their suretyship by attaching to
22 the bond United States currency, a United States
23 postal money order, or a cashier’s check in the amount
24 of the bond; providing that such currency, money
25 order, or cashier’s check may not be used to secure
26 more than one bond; deleting the requirement that a
27 surety execute an affidavit providing certain
28 information; amending s. 903.101, F.S.; conforming a
29 provision to changes made by the act; amending s.
30 903.16, F.S.; authorizing a defendant who has been
31 admitted to bail, or another person on the defendant’s
32 behalf, to deposit with the official authorized to
33 take bail money an amount equal to the bail amount set
34 in the court order; requiring that such deposit be
35 receipted in the name of the defendant; requiring,
36 rather than authorizing, the sheriff or other
37 officials to remit to the clerk money or bonds
38 received which are to be held by the clerk pending
39 court action; deleting a provision stating that
40 consent is conclusively presumed for the clerk of the
41 circuit court to sell bonds deposited as bail after
42 forfeiture of the bond; repealing s. 903.17, F.S.,
43 relating to substitution of cash bail for other bail;
44 amending s. 903.21, F.S.; specifying that the surety
45 is exonerated of liability on a bond if a specified
46 determination is made before forfeiture of the bond;
47 requiring clerks, upon a certain affirmation by the
48 sheriff or the chief correctional officer, to
49 discharge the bond without further hearing or order
50 from the court; amending s. 903.26, F.S.; providing
51 that a certain signed certificate that certifies a
52 specified required notice constitutes sufficient proof
53 of the mailing or electronic transmission of such
54 notice; deleting a requirement that municipal
55 officials having custody of forfeited money deposit
56 such money in a designated municipal fund within 60
57 days after the forfeiture notice has been mailed or
58 electronically transmitted; deleting certain
59 requirements that must be met when bonds are
60 forfeited; revising the circumstances under which the
61 court is required to discharge a forfeiture within a
62 specified timeframe; specifying circumstances under
63 which the clerk must discharge a forfeiture and issue
64 a certain notice to the surety without further order
65 of the court; specifying circumstances under which the
66 clerk does not have standing to object to specified
67 motions; conforming provisions to changes made by the
68 act; making technical changes; amending s. 903.27,
69 F.S.; requiring the clerk of the circuit court to
70 enter a certain judgment if the forfeiture is not paid
71 or discharged by order of a court of competent
72 jurisdiction within 60 days after the forfeiture
73 notice has been mailed or electronically transmitted;
74 reducing the number of days within which the clerk
75 must furnish specified information to the Department
76 of Financial Services and the Office of Insurance
77 Regulation of the Financial Services Commission and
78 the surety company at its home office; conforming
79 provisions to changes made by the act; amending s.
80 903.28, F.S.; increasing the amount of time within
81 which a court must order remission of a forfeiture if
82 it determines that there was no breach of the bond;
83 requiring a court, upon a certain motion, to order
84 remission in accordance with specified provisions if a
85 defendant surrenders, is deceased, is apprehended, or
86 is deported within a certain time after forfeiture;
87 deleting provisions relating to the ordering of
88 remission under specified circumstances; decreasing
89 the amount of time for which the clerk of the circuit
90 court and the state attorney must be given notice
91 before a certain hearing and be furnished with copies
92 of certain documents; requiring the clerk of the
93 circuit court to issue a remission within a certain
94 timeframe after the entry of a court order directing
95 remission; providing for accrual of interest if
96 remission is not issued within such timeframe;
97 amending s. 903.31, F.S.; revising provisions relating
98 to the ordering of a bond cancellation; revising
99 applicability; defining the term “revoked”; specifying
100 that the original appearance bond does not guarantee a
101 sentencing deferral, a delayed sentencing, or an
102 appearance after entering a plea agreement; amending
103 s. 924.065, F.S.; specifying that an appeal may not be
104 a supersedeas to the execution of the judgment,
105 sentence, or order of the payment of the judgment,
106 fine, and any future costs that may be adjudged by the
107 appellate court; deleting a provision requiring that
108 bonds be conditioned on certain factors; amending s.
109 951.26, F.S.; requiring that county public safety
110 coordinating councils include a licensed bail bond
111 agent; providing for designation and the term of such
112 agents; requiring that public safety coordinating
113 councils for a consortium of counties include a
114 licensed bond agent; providing for designation and the
115 term of such agents; reenacting ss. 903.047(1)(c) and
116 907.041(5)(c) and (d), F.S., relating to conditions of
117 pretrial release and pretrial detention and release,
118 respectively, to incorporate the amendment made to s.
119 903.046, F.S., in references thereto; reenacting s.
120 903.286(2), F.S., relating to cash bond forms, to
121 incorporate the amendment made to s. 903.09, F.S., in
122 a reference thereto; reenacting s. 924.14, F.S.,
123 relating to stay of execution when a defendant
124 appeals, to incorporate the amendment made to s.
125 924.065, F.S., in a reference thereto; providing an
126 effective date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Subsection (2) of section 903.011, Florida
131 Statutes, is amended, and subsection (6) of that section is
132 reenacted, to read:
133 903.011 Pretrial release; general terms; statewide uniform
134 bond schedule.—
135 (2) Any monetary or cash component of any form of pretrial
136 release must may be met by a surety bond, United States
137 currency, United States postal money order, or a cashier’s
138 check.
139 (6) A person may not be released before his or her first
140 appearance hearing or bail determination and a judge must
141 determine the appropriate bail, if any, based on an
142 individualized consideration of the criteria in s. 903.046(2),
143 if the person meets any of the following criteria:
144 (a) The person was, at the time of arrest for any felony,
145 on pretrial release, probation, or community control in this
146 state or any other state;
147 (b) The person was, at the time of arrest, designated as a
148 sexual offender or sexual predator in this state or any other
149 state;
150 (c) The person was arrested for violating a protective
151 injunction;
152 (d) The person was, at the time of arrest, on release from
153 supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
154 944.4731;
155 (e) The person has, at any time before the current arrest,
156 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
157 prison releasee reoffender, habitual violent felony offender,
158 three-time violent felony offender, or violent career criminal;
159 (f) The person has been arrested three or more times in the
160 6 months immediately preceding his or her arrest for the current
161 offense; or
162 (g) The person’s current offense of arrest is for one or
163 more of the following crimes:
164 1. A capital felony, life felony, felony of the first
165 degree, or felony of the second degree;
166 2. A homicide under chapter 782; or any attempt,
167 solicitation, or conspiracy to commit a homicide;
168 3. Assault in furtherance of a riot or an aggravated riot;
169 felony battery; domestic battery by strangulation; domestic
170 violence, as defined in s. 741.28; stalking; mob intimidation;
171 assault or battery on a law enforcement officer; assault or
172 battery on juvenile probation officer, or other staff of a
173 detention center or commitment facility, or a staff member of a
174 commitment facility, or health services personnel; assault or
175 battery on a person 65 years of age or older; robbery; burglary;
176 carjacking; or resisting an officer with violence;
177 4. Kidnapping, false imprisonment, human trafficking, or
178 human smuggling;
179 5. Possession of a firearm or ammunition by a felon,
180 violent career criminal, or person subject to an injunction
181 against committing acts of domestic violence, stalking, or
182 cyberstalking;
183 6. Sexual battery; indecent, lewd, or lascivious touching;
184 exposure of sexual organs; incest; luring or enticing a child;
185 or child pornography;
186 7. Abuse, neglect, or exploitation of an elderly person or
187 disabled adult;
188 8. Child abuse or aggravated child abuse;
189 9. Arson; riot, aggravated riot, inciting a riot, or
190 aggravated inciting a riot; or a burglary or theft during a
191 riot;
192 10. Escape; tampering or retaliating against a witness,
193 victim, or informant; destruction of evidence; or tampering with
194 a jury;
195 11. Any offense committed for the purpose of benefiting,
196 promoting, or furthering the interests of a criminal gang;
197 12. Trafficking in a controlled substance, including
198 conspiracy to engage in trafficking in a controlled substance;
199 13. Racketeering; or
200 14. Failure to appear at required court proceedings while
201 on bail.
202 Section 2. Section 903.045, Florida Statutes, is amended to
203 read:
204 903.045 Nature of criminal surety bail bonds.—It is the
205 public policy of this state and the intent of the Legislature
206 that a criminal surety bail bond, executed by a bail bond agent
207 licensed pursuant to chapter 648, or by a resident of this
208 state, in connection with the pretrial or appellate release of a
209 criminal defendant, shall be construed as a commitment by and an
210 obligation upon such agent or resident the bail bond agent to
211 ensure that the defendant appears at all criminal proceedings
212 for which such bail the surety bond is posted.
213 Section 3. Paragraph (d) of subsection (2) of section
214 903.046, Florida Statutes, is amended to read:
215 903.046 Purpose of and criteria for bail determination.—
216 (2) When determining whether to release a defendant on bail
217 or other conditions, and what that bail or those conditions may
218 be, the court shall consider:
219 (d) The defendant’s past and present conduct, including any
220 record of convictions, previous flight to avoid prosecution, or
221 failure to appear at court proceedings. However, any defendant
222 who had failed to appear on the day of any required court
223 proceeding in the case at issue, but who had later voluntarily
224 appeared or surrendered, shall not be eligible for a
225 recognizance bond; and any defendant who failed to appear on the
226 day of any required court proceeding in the case at issue and
227 who was later arrested shall not be eligible for a recognizance
228 bond or for any form of bond which does not require the greater
229 of a monetary undertaking or commitment equal to or greater than
230 $2,000 or twice the value of the monetary commitment or
231 undertaking of the original bond, whichever is greater.
232 Notwithstanding anything in this section, the court has
233 discretion in determining conditions of release if the defendant
234 proves circumstances beyond his or her control for the failure
235 to appear. This section may not be construed as imposing
236 additional duties or obligations on a governmental entity
237 related to monetary bonds.
238 Section 4. Section 903.0471, Florida Statutes, is amended
239 to read:
240 903.0471 Violation of condition of pretrial release.
241 Notwithstanding s. 907.041, a court may, on its own motion,
242 revoke pretrial release and order pretrial detention if the
243 court finds probable cause to believe that the defendant
244 committed a new crime while on pretrial release or violated any
245 other condition of pretrial release in a material respect. Upon
246 entry of such an order to revoke pretrial release and order
247 pretrial detention, the clerk of the court must discharge any
248 bond previously posted as a condition of pretrial release
249 without further order of the court.
250 Section 5. Section 903.05, Florida Statutes, is amended to
251 read:
252 903.05 Qualification of sureties.—A surety for the release
253 of a person on bail, other than a company authorized by law to
254 act as a surety, must shall be a resident of this the state or
255 own real estate within the state.
256 Section 6. Section 903.08, Florida Statutes, is repealed.
257 Section 7. Subsection (1) of section 903.09, Florida
258 Statutes, is amended to read:
259 903.09 Justification of sureties.—
260 (1) A surety, other than a bail bond agent as defined in s.
261 648.25, shall justify his or her suretyship by attaching to the
262 bond United States currency, a United States postal money order,
263 or a cashier’s check in the amount of the bond; however, the
264 United States currency, United States postal money order, or
265 cashier’s check may not be used to secure more than one bond
266 execute an affidavit stating that she or he possesses the
267 qualifications and net worth required to become a surety. The
268 affidavit shall describe the surety’s property and any
269 encumbrances and shall state the number and amount of any bonds
270 entered into by the surety at any court that remain
271 undischarged.
272 Section 8. Section 903.101, Florida Statutes, is amended to
273 read:
274 903.101 Sureties; licensed persons; to have equal access.
275 Subject to rules adopted by the Department of Financial Services
276 and by the Financial Services Commission, every surety who meets
277 the requirements of ss. 903.05, 903.06, 903.08, and 903.09, and
278 every person who is currently licensed by the Department of
279 Financial Services and registered as required by s. 648.42 has
280 shall have equal access to the jails of this state for the
281 purpose of making bonds.
282 Section 9. Section 903.16, Florida Statutes, is amended to
283 read:
284 903.16 Deposit of money or bonds as bail.—
285 (1) A defendant who has been admitted to bail, or another
286 person in the defendant’s behalf, may deposit with the official
287 authorized to take bail money an amount equal to the bail amount
288 set in the court order. Such deposit must be receipted in the
289 name of the defendant or nonregistered bonds of the United
290 States, the state, or a city, town, or county in the state,
291 equal in market value to the amount set in the order and the
292 personal bond of the defendant and an undertaking by the
293 depositor if the money or bonds are deposited by another. The
294 sheriff or other officials must may remit money or bonds
295 received to the clerk to be held by the clerk pending court
296 action or return to the defendant or depositor. The clerk shall
297 accept money or bonds remitted by the sheriff.
298 (2) Consent is conclusively presumed for the clerk of the
299 circuit court to sell bonds deposited as bail after forfeiture
300 of the bond.
301 Section 10. Section 903.17, Florida Statutes, is repealed.
302 Section 11. Subsection (3) of section 903.21, Florida
303 Statutes, is amended to read:
304 903.21 Method of surrender; exoneration of obligors.—
305 (3)(a) The surety shall be exonerated of liability on the
306 bond if it is determined before forfeiture breach of the bond
307 that the defendant is in any jail or prison and the surety
308 agrees in writing to pay the costs and expenses incurred in
309 returning the defendant to the jurisdiction of the court. Upon
310 affirmation by the sheriff or the chief correctional officer of
311 the defendant being in any jail or prison and the surety
312 agreeing in writing to pay the costs and expenses incurred in
313 returning the defendant to the jurisdiction of the court, the
314 clerk must discharge the bond without further hearing or order
315 of the court. A surety is only responsible for the itemized
316 costs and expenses incurred for the transport of a defendant to
317 whom he or she has a fiduciary duty and is not liable for the
318 costs and expenses incurred in transporting any other defendant.
319 (b) As used in For purposes of this subsection, the term:
320 1. “Costs and expenses” means the prorated salary of any
321 law enforcement officer or employee of a contracted
322 transportation company as well as the actual expenses of
323 transporting each defendant, which may only consist of mileage,
324 vehicle expenses, meals, and, if necessary, overnight lodging
325 for any law enforcement officer or employee of a contracted
326 transportation company and the defendant.
327 2. “Jurisdiction” means the county from which the defendant
328 was released on bail.
329 Section 12. Section 903.26, Florida Statutes, is amended to
330 read:
331 903.26 Forfeiture of the bond; when and how directed;
332 discharge; how and when made; effect of payment.—
333 (1) A bail bond may shall not be forfeited unless:
334 (a) The information, indictment, or affidavit was filed
335 within 6 months after from the date of arrest, and
336 (b) The clerk of the court gave the surety at least 72
337 hours’ notice, exclusive of Saturdays, Sundays, and holidays,
338 before the time of the required appearance of the defendant.
339 Notice is shall not be necessary if the time for appearance is
340 within 72 hours after from the time of arrest, or if the time is
341 stated on the bond. Such notice may be mailed or electronically
342 transmitted. A certificate signed by the clerk of the court or
343 the clerk’s designee which certifies that the notice required
344 under this paragraph was mailed or electronically transmitted on
345 a specified date and time and which is accompanied by a copy of
346 the required notice constitutes sufficient proof that such
347 mailing or electronic transmission was properly accomplished as
348 required in this paragraph.
349 (2)(a) If there is a failure of the defendant to appear as
350 required, the court must shall declare the bond and any bonds or
351 money deposited as bail forfeited. The clerk of the court shall
352 mail or electronically transmit a notice to the surety agent,
353 bail agency, and surety company within 5 days after the
354 forfeiture. A certificate signed by the clerk of the court or
355 the clerk’s designee which certifies, certifying that the notice
356 required under this section herein was mailed or electronically
357 transmitted on a specified date and which is accompanied by a
358 copy of the required notice, constitutes shall constitute
359 sufficient proof that such mailing or electronic transmission
360 was properly accomplished as required in this paragraph
361 indicated therein. If such mailing or electronic transmission
362 was properly accomplished as evidenced by such certificate, the
363 failure of the surety agent, a bail agency, of a company, or of
364 a defendant to receive such notice does shall not constitute a
365 defense to such forfeiture and may shall not be grounds for
366 discharge, remission, reduction, set aside, or continuance of
367 such forfeiture. The forfeiture must shall be paid within 60
368 days after the date the notice was mailed or electronically
369 transmitted.
370 (b) If Failure of the defendant fails to appear at the
371 time, date, and place of required appearance, shall result in
372 forfeiture of the bond is forfeited. Such forfeiture must shall
373 be automatically entered by the clerk upon such failure to
374 appear, and the clerk shall follow the procedures in paragraph
375 (a). However, the court may determine, in its discretion and, in
376 the interest of justice, that an appearance by the defendant on
377 the same day as required day does not warrant forfeiture of the
378 bond; and the court may direct the clerk to set aside any such
379 forfeiture which may have been entered. Any appearance by the
380 defendant later than the required day constitutes forfeiture of
381 the bond, and the court may shall not preclude entry of such
382 forfeiture by the clerk.
383 (c) If there is a forfeiture of the bond, the clerk must
384 shall provide, upon request, a certified copy of the warrant or
385 capias to the bail bond agent or surety company.
386 (3) Sixty days after the forfeiture notice has been mailed
387 or electronically transmitted:
388 (a) State and county officials having custody of forfeited
389 money shall deposit the money in the fine and forfeiture fund
390 established pursuant to s. 142.01.
391 (b) Municipal officials having custody of forfeited money
392 shall deposit the money in a designated municipal fund.
393 (c) Officials having custody of bonds as authorized by s.
394 903.16 shall transmit the bonds to the clerk of the circuit
395 court who shall sell them at market value and disburse the
396 proceeds as provided in paragraph (a) paragraphs (a) and (b).
397 (4)(a) When a bond is forfeited, the clerk shall transmit
398 the bond and any affidavits to the clerk of the circuit court in
399 which the bond and affidavits are filed. The clerk of the
400 circuit court shall record the forfeiture in the deed or
401 official records book. If the undertakings and affidavits
402 describe real property in another county, the clerk shall
403 transmit the bond and affidavits to the clerk of the circuit
404 court of the county where the property is located who shall
405 record and return them.
406 (b) The bond and affidavits shall be a lien on the real
407 property they describe from the time of recording in the county
408 where the property is located for 2 years or until the final
409 determination of an action instituted thereon within a 2-year
410 period. If an action is not instituted within 2 years from the
411 date of recording, the lien shall be discharged. The lien will
412 be discharged 2 years after the recording even if an action was
413 instituted within 2 years unless a lis pendens notice is
414 recorded in the action.
415 (5) The court shall discharge a forfeiture within 60 days
416 upon any of the following:
417 (a) A determination that, due to circumstances beyond the
418 defendant’s control, it was impossible for the defendant to
419 appear as required or within 60 days after the forfeiture notice
420 was mailed or electronically transmitted date of the required
421 appearance due to circumstances beyond the defendant’s control.
422 The potential adverse economic consequences of appearing as
423 required may not be considered as constituting a ground for such
424 a determination.;
425 (b) A determination that, at the time of the required
426 appearance or within 60 days after the forfeiture notice was
427 mailed or electronically transmitted date of the required
428 appearance, the defendant was confined in an institution or
429 hospital; was confined in any county, state, federal, or
430 immigration detention facility; was deported; or is deceased.;
431 (c) Surrender or arrest of the defendant at the time of the
432 required appearance or within 60 days after the forfeiture
433 notice was mailed or electronically transmitted date of the
434 required appearance in any county, state, or federal jail or
435 prison and upon a hold being placed to return the defendant to
436 the jurisdiction of the court. The court shall condition a
437 discharge or remission on the payment of costs and the expenses
438 as provided in s. 903.21(3), incurred by an official in
439 returning the defendant to the jurisdiction of the court.; or
440 (d) A determination that the state is unwilling to seek
441 extradition of the fugitive defendant within 10 30 days after a
442 written request by the surety agent to do so, and contingent
443 upon the surety agent’s consent to pay all costs and the
444 expenses incurred by an official in returning the defendant to
445 the jurisdiction of the court, as provided in s. 903.21(3) up to
446 the penal amount of the bond. If the state does not respond in
447 writing within 10 days after receiving a written request to seek
448 a determination of extradition, the failure to respond is
449 evidence that the state is unwilling to seek extradition.
450 (5) In the interest of justice, if the state is willing to
451 extradite the defendant, the state must enter the information of
452 the defendant into the National Crime Information Center
453 database for the National Law Enforcement Telecommunications
454 System region or regions requested within 10 days after a
455 request by the surety to do so.
456 (6) The discharge of a forfeiture may shall not be ordered
457 for any reason other than as specified herein.
458 (7) The payment by a surety of a forfeiture under this law
459 has shall have the same effect on the bond as payment of a
460 judgment.
461 (8) If the defendant is arrested and returned to the county
462 of jurisdiction of the court or has posted a new bond for the
463 case at issue before judgment, the clerk shall, upon affirmation
464 by the sheriff or the chief correctional officer and, shall,
465 without further hearing or order of the court, discharge the
466 forfeiture of the bond. However, if the surety agent fails to
467 pay the costs and expenses incurred in returning the defendant
468 to the county of jurisdiction, the clerk may shall not discharge
469 the forfeiture of the bond. If the surety agent and the sheriff
470 fail to agree on the amount of such said costs, then the court,
471 after notice to the sheriff and the state attorney, must shall
472 determine the amount of the costs.
473 (9) If, after forfeiture of a bond, the criminal charges
474 for which the bond guaranteed appearance are resolved,
475 adjudicated, or otherwise disposed of by any action of the court
476 or state, the clerk must discharge the forfeiture and issue such
477 notice to the surety without further order of the court. If such
478 resolution or disposition occurs after payment of a forfeiture
479 or judgment, remission must be granted upon proper motion and as
480 specified under s. 903.28.
481 (10) Unless the time for payment or discharge of the
482 forfeiture set forth in s. 903.27(1) has passed, or unless
483 payment of the forfeiture has already been made, the clerk does
484 not have standing to object to a motion to set aside a
485 forfeiture under paragraph (2)(b), a motion to discharge a bond
486 under subsection (4), or a motion to reinstate a bond under s.
487 903.31(2).
488 Section 13. Section 903.27, Florida Statutes, is amended to
489 read:
490 903.27 Forfeiture to judgment.—
491 (1) If the forfeiture is not paid or discharged by order of
492 a court of competent jurisdiction within 60 days after the
493 forfeiture notice has been mailed or electronically transmitted
494 and the bond is secured other than by money and bonds authorized
495 in s. 903.16, the clerk of the circuit court for the county
496 where the order was made must shall enter a judgment against the
497 surety for the amount of the penalty and issue execution.
498 However, in any case in which the bond forfeiture has been
499 discharged by the court of competent jurisdiction conditioned
500 upon the payment by the surety of certain costs or fees as
501 allowed by statute, the amount for which judgment may be entered
502 may not exceed the amount of the unpaid fees or costs upon which
503 the discharge had been conditioned. Judgment for the full amount
504 of the forfeiture may shall not be entered if payment of a
505 lesser amount will satisfy the conditions to discharge the
506 forfeiture. Within 5 10 days, the clerk shall furnish the
507 Department of Financial Services and the Office of Insurance
508 Regulation of the Financial Services Commission with a certified
509 copy of the judgment docket and shall furnish the surety company
510 at its home office a copy of the judgment, which shall include
511 the power of attorney number of the bond and the name of the
512 executing agent. If the judgment is not paid within 35 days, the
513 clerk must shall furnish the Department of Financial Services,
514 the Office of Insurance Regulation, and the sheriff of the
515 county in which the bond was executed, or the official
516 responsible for operation of the county jail, if that official
517 is not other than the sheriff, two copies of the judgment and a
518 certificate stating that the judgment remains unsatisfied. When
519 and if the judgment is properly paid or an order to vacate the
520 judgment has been entered by a court of competent jurisdiction,
521 the clerk shall immediately notify the sheriff, or other such
522 the official responsible for the operation of the county jail,
523 if other than the sheriff, and, if they have been previously
524 notified of nonpayment, the Department of Financial Services and
525 the Office of Insurance Regulation, if the department and office
526 had been previously notified of nonpayment, of such payment or
527 order to vacate the judgment. The clerk may furnish documents or
528 give notice as required in this subsection by mail or electronic
529 means. The clerk shall also immediately prepare and record in
530 the public records a satisfaction of the judgment or record the
531 order to vacate judgment. If the defendant is returned to the
532 county of jurisdiction of the court, whenever a motion to set
533 aside the judgment is filed, the operation of this section is
534 tolled until the court makes a disposition of the motion.
535 (2) A certificate signed by the clerk of the court or her
536 or his designee which certifies, certifying that the notice
537 required in subsection (1) was mailed or electronically
538 delivered on a specified date, and is accompanied by a copy of
539 the required notice constitutes sufficient proof that such
540 mailing or electronic delivery was properly accomplished as
541 required in this subsection indicated therein. If such mailing
542 or electronic delivery was properly accomplished as evidenced by
543 such certificate, the failure of a company to receive a copy of
544 the judgment as prescribed in subsection (1) does not constitute
545 a defense to the forfeiture and is not a ground for the
546 discharge, remission, reduction, set aside, or continuance of
547 such forfeiture.
548 (3) Surety bail bonds may not be executed by a bail bond
549 agent or a bail agency against whom a judgment has been entered
550 which has remained unpaid for 35 days and may not be executed
551 for a company against whom a judgment has been entered which has
552 remained unpaid for 50 days. A No sheriff or other official who
553 is empowered to accept or approve surety bail bonds may not
554 shall accept or approve such a bond executed by such a bail bond
555 agent or executed for such a company until such judgment has
556 been paid.
557 (4) After notice of judgment against the surety given by
558 the clerk of the circuit court, the surety, a bail agency, or a
559 bail bond agent shall, within 35 days after of the entry of
560 judgment, submit to the clerk of the circuit court an amount
561 equal to the judgment, unless the judgment has been set aside by
562 the court within 35 days after its of the entry of judgment. If
563 a motion to set aside the judgment has been filed pursuant to
564 subsection (5), the amount submitted must shall be held in
565 escrow until such time as the court has disposed of the motion.
566 The failure to comply with the provisions of this subsection
567 constitutes a failure to pay the judgment.
568 (5) After notice of judgment against the surety given by
569 the clerk of the circuit court, the surety, bail agency, or bail
570 bond agent may within 35 days file a motion to set aside or stay
571 the judgment or to stay the judgment. It shall be a condition of
572 Any such motion or and of any order to stay the judgment must be
573 conditioned on payment by that the surety of pay the amount of
574 the judgment to the clerk, which amount must shall be held in
575 escrow until such time as the court has disposed of the motion
576 to set aside the judgment. The filing of such a motion, when
577 accompanied by the required escrow deposit, acts shall act as an
578 automatic stay of further proceedings, including execution,
579 until the motion has been heard and a decision rendered by the
580 court.
581 (6) The failure of a state attorney to file, or of the
582 clerk of the circuit court to make, a certified copy of the
583 order of forfeiture as required by law applicable before prior
584 to July 1, 1982, does shall not invalidate any judgment entered
585 by the clerk before prior to June 12, 1981.
586 Section 14. Section 903.28, Florida Statutes, is amended to
587 read:
588 903.28 Remission of forfeiture; conditions.—
589 (1) On application within 1,095 days after 2 years from
590 forfeiture, the court must shall order remission of the
591 forfeiture if it determines that there was no breach of the
592 bond.
593 (2) If the defendant surrenders, is deceased, or is
594 apprehended, or is deported within 1,095 90 days after
595 forfeiture, the court, on motion at a hearing upon notice having
596 been given to the clerk of the circuit court and the state
597 attorney as required under subsection (4), must in subsection
598 (8), shall direct remission in accordance with the following:
599 (a) One-hundred percent of the forfeiture if:
600 1. The defendant surrenders, is apprehended, or is deported
601 within 90 days after forfeiture;
602 2. The state is unwilling to seek extradition of the
603 defendant from any jail or prison after a request by the surety
604 agent, bail agency, or the surety company, and contingent upon
605 the surety agent, or bail agency, or surety company consenting
606 to pay all costs incurred by an official in returning the
607 defendant to the jurisdiction of the court, as provided in s.
608 903.21(3)(a), up to the penal amount of the bond;
609 3. The defendant is deceased or was confined in any county,
610 state, federal, or immigration detention facility and
611 subsequently was released from custody or deported without the
612 state placing a detainer on the defendant; or
613 4. The defendant is deceased within 1,095 days after
614 forfeiture.
615 (b) Ninety-five percent of the forfeiture if the defendant
616 surrenders, is apprehended, or is deported within 180 days after
617 forfeiture.
618 (c) Ninety percent of the forfeiture if the defendant
619 surrenders, is apprehended, or is deported within 270 days after
620 forfeiture.
621 (d) Eighty-five percent of the forfeiture if the defendant
622 surrenders, is apprehended, or is deported within 365 days after
623 forfeiture.
624 (e) Eighty percent of the forfeiture if the defendant
625 surrenders, is apprehended, or is deported within 730 days after
626 forfeiture.
627 (f) Seventy-five percent of the forfeiture if the defendant
628 surrenders, is apprehended, or is deported within 1,095 days
629 after forfeiture of up to, but not more than, 100 percent of a
630 forfeiture if the surety apprehended and surrendered the
631 defendant or if the apprehension or surrender of the defendant
632 was substantially procured or caused by the surety, or the
633 surety has substantially attempted to procure or cause the
634 apprehension or surrender of the defendant, and the delay has
635 not thwarted the proper prosecution of the defendant. In
636 addition, remission shall be granted when the surety did not
637 substantially participate or attempt to participate in the
638 apprehension or surrender of the defendant when the costs of
639 returning the defendant to the jurisdiction of the court have
640 been deducted from the remission and when the delay has not
641 thwarted the proper prosecution of the defendant.
642 (3) If the defendant surrenders or is apprehended within
643 180 days after forfeiture, the court, on motion at a hearing
644 upon notice having been given to the clerk of the circuit court
645 and the state attorney as required in subsection (8), shall
646 direct remission of up to, but not more than, 95 percent of a
647 forfeiture if the surety apprehended and surrendered the
648 defendant or if the apprehension or surrender of the defendant
649 was substantially procured or caused by the surety, or the
650 surety has substantially attempted to procure or cause the
651 apprehension or surrender of the defendant, and the delay has
652 not thwarted the proper prosecution of the defendant. In
653 addition, remission shall be granted when the surety did not
654 substantially participate or attempt to participate in the
655 apprehension or surrender of the defendant when the costs of
656 returning the defendant to the jurisdiction of the court have
657 been deducted from the remission and when the delay has not
658 thwarted the proper prosecution of the defendant.
659 (4) If the defendant surrenders or is apprehended within
660 270 days after forfeiture, the court, on motion at a hearing
661 upon notice having been given to the clerk of the circuit court
662 and the state attorney as required in subsection (8), shall
663 direct remission of up to, but not more than, 90 percent of a
664 forfeiture if the surety apprehended and surrendered the
665 defendant or if the apprehension or surrender of the defendant
666 was substantially procured or caused by the surety, or the
667 surety has substantially attempted to procure or cause the
668 apprehension or surrender of the defendant, and the delay has
669 not thwarted the proper prosecution of the defendant. In
670 addition, remission shall be granted when the surety did not
671 substantially participate or attempt to participate in the
672 apprehension or surrender of the defendant when the costs of
673 returning the defendant to the jurisdiction of the court have
674 been deducted from the remission and when the delay has not
675 thwarted the proper prosecution of the defendant.
676 (5) If the defendant surrenders or is apprehended within 1
677 year after forfeiture, the court, on motion at a hearing upon
678 notice having been given to the clerk of the circuit court and
679 the state attorney as required in subsection (8), shall direct
680 remission of up to, but not more than, 85 percent of a
681 forfeiture if the surety apprehended and surrendered the
682 defendant or if the apprehension or surrender of the defendant
683 was substantially procured or caused by the surety, or the
684 surety has substantially attempted to procure or cause the
685 apprehension or surrender of the defendant, and the delay has
686 not thwarted the proper prosecution of the defendant. In
687 addition, remission shall be granted when the surety did not
688 substantially participate or attempt to participate in the
689 apprehension or surrender of the defendant when the costs of
690 returning the defendant to the jurisdiction of the court have
691 been deducted from the remission and when the delay has not
692 thwarted the proper prosecution of the defendant.
693 (6) If the defendant surrenders or is apprehended within 2
694 years after forfeiture, the court, on motion at a hearing upon
695 notice having been given to the clerk of the circuit court and
696 the state attorney as required in subsection (8), shall direct
697 remission of up to, but not more than, 50 percent of a
698 forfeiture if the surety apprehended and surrendered the
699 defendant or if the apprehension or surrender of the defendant
700 was substantially procured or caused by the surety, or the
701 surety has substantially attempted to procure or cause the
702 apprehension or surrender of the defendant, and the delay has
703 not thwarted the proper prosecution of the defendant. In
704 addition, remission shall be granted when the surety did not
705 substantially participate or attempt to participate in the
706 apprehension or surrender of the defendant when the costs of
707 returning the defendant to the jurisdiction of the court have
708 been deducted from the remission and when the delay has not
709 thwarted the proper prosecution of the defendant.
710 (3)(7) The remission of a forfeiture may not be ordered for
711 any reason other than as specified in this section herein.
712 (4)(8) An application for remission must be accompanied by
713 affidavits setting forth the facts on which it is founded;
714 however, the surety must establish by further documentation or
715 other evidence any claimed attempt at procuring or causing the
716 apprehension or surrender of the defendant before the court may
717 order remission based upon an attempt to procure or cause such
718 apprehension or surrender. The clerk of the circuit court and
719 the state attorney must be given 10 20 days’ notice before a
720 hearing on an application and be furnished copies of all papers,
721 applications, and affidavits. Remission must shall be granted on
722 the condition of payment of costs, as provided in s.
723 903.21(3)(a), unless the ground for remission is that there was
724 no breach of the bond.
725 (5)(9) The clerk of the circuit court may enter into a
726 contract with a private attorney or into an interagency
727 agreement with a governmental agency to represent the clerk of
728 the court in an action for the remission of a forfeiture under
729 this section.
730 (6)(10) The clerk of the circuit court is the real party in
731 interest for all appeals arising from an action for the
732 remission of a forfeiture under this section.
733 (7) The clerk of the circuit court shall issue a remission
734 within 10 days after entry of a court order directing remission,
735 and a remission untimely issued accrues interest at the rate of
736 1.5 percent per month.
737 Section 15. Subsections (1) and (2) of section 903.31,
738 Florida Statutes, are amended to read:
739 903.31 Canceling the bond.—
740 (1) Within 10 business days after the conditions of a bond
741 have been satisfied or the forfeiture discharged or remitted,
742 the court must shall order the bond canceled and, if the surety
743 has attached a certificate of cancellation to the original bond,
744 the clerk of the court must shall mail or electronically furnish
745 an executed certificate of cancellation to the surety without
746 cost. The clerk of the court shall discharge the bond upon an
747 adjudication of guilt or innocence or an acquittal, or if a
748 period of 36 months has passed since the original bond was
749 posted., or A withholding of an adjudication of guilt, a finding
750 of guilt by a jury, or a no action by the state satisfies shall
751 satisfy the conditions of the bond. If the bond has been revoked
752 by the court, the clerk of the court must discharge or cancel
753 the bond. The original appearance bond shall expire 36 months
754 after such bond has been posted for the release of the defendant
755 from custody. This subsection does not apply to cases in which a
756 bond has been declared forfeited before the 36-month expiration,
757 unless the forfeiture was set aside, the original bond was
758 reinstated, or a new bond was posted. As used in this
759 subsection, the term “revoked” means that an act, statement,
760 document, or promise has been annulled or canceled.
761 (2) The original appearance bond does not guarantee a
762 deferred sentence; a sentencing deferral; a delayed sentencing;
763 an appearance after entering a plea agreement; an appearance
764 during or after a presentence investigation; an appearance
765 during or after appeals; conduct during or appearance after
766 admission to a pretrial intervention program; placement in a
767 court-ordered program, including a residential mental health
768 facility; payment of fines; or attendance at educational or
769 rehabilitation facilities the court otherwise provides in the
770 judgment. If the original appearance bond has been forfeited or
771 revoked, it may the bond shall not be reinstated without
772 approval from the surety on the original bond.
773 Section 16. Subsection (2) of section 924.065, Florida
774 Statutes, is amended to read:
775 924.065 Denial of motion for new trial or arrest of
776 judgment; appeal bond; supersedeas.—
777 (2) An appeal may not be a supersedeas to the execution of
778 the judgment, sentence, or order of until the appellant has
779 entered into a bond with at least two sureties to secure the
780 payment of the judgment, fine, and any future costs that may be
781 adjudged by the appellate court. The bond shall be conditioned
782 on the appellant’s personally answering and abiding by the final
783 order, sentence, or judgment of the appellate court and, if the
784 action is remanded, on the appellant’s appearing before the
785 court in which the case was originally determined and not
786 departing without leave of court.
787 Section 17. Subsection (1) of section 951.26, Florida
788 Statutes, is amended to read:
789 951.26 Public safety coordinating councils.—
790 (1) Each board of county commissioners shall establish a
791 county public safety coordinating council for the county or
792 shall join with a consortium of one or more other counties to
793 establish a public safety coordinating council for the
794 geographic area represented by the member counties.
795 (a)1. The public safety coordinating council for a county
796 shall consist of:
797 a. The state attorney, or an assistant state attorney
798 designated by the state attorney.
799 b. The public defender, or an assistant public defender
800 designated by the public defender.
801 c. The chief circuit judge, or another circuit judge
802 designated by the chief circuit judge.
803 d. The chief county judge, or another county judge
804 designated by the chief county judge.
805 e. The chief correctional officer.
806 f. The sheriff, or a member designated by the sheriff, if
807 the sheriff is not the chief correctional officer.
808 g. The state probation circuit administrator, or a member
809 designated by the state probation circuit administrator, to be
810 appointed to a 4-year term.
811 h. The chair chairperson of the board of county
812 commissioners, or another county commissioner as designee.
813 i. If the county has such program available, the director
814 of any county probation or pretrial intervention program, to be
815 appointed to a 4-year term.
816 j. The director of a local substance abuse treatment
817 program, or a member designated by the director, to be appointed
818 to a 4-year term.
819 k. Representatives from county and state jobs programs and
820 other community groups who work with offenders and victims,
821 appointed by the chair chairperson of the board of county
822 commissioners to 4-year terms.
823 l. A bail bond agent licensed pursuant to chapter 648,
824 designated by the council, to be appointed to a 4-year term.
825 2. The chair chairperson of the board of county
826 commissioners, or another county commissioner as designee, shall
827 serve as the chair chairperson of the council until the council
828 elects a chair chairperson from the membership of the council.
829 (b)1. The public safety coordinating council for a
830 consortium of two or more counties shall consist of the
831 following members, appointed with the approval of each board of
832 county commissioners within the consortium:
833 a. A chief circuit judge, or a circuit judge designated by
834 a chief circuit judge.
835 b. A chief county judge, or a county judge designated by a
836 chief county judge.
837 c. A state attorney, or an assistant state attorney
838 designated by a state attorney.
839 d. A public defender, or an assistant public defender
840 designated by a public defender.
841 e. A state probation circuit administrator, or a member
842 designated by a state probation circuit administrator, to be
843 appointed to a 4-year term.
844 f. A physician who practices in the area of alcohol and
845 substance abuse, to be appointed to a 4-year term.
846 g. A mental health professional who practices in the area
847 of alcohol and substance abuse, to be appointed to a 4-year
848 term.
849 h. A sheriff or a jail administrator for a county within
850 the consortium.
851 i. A chief of police for a municipality within the
852 geographic area of the consortium.
853 j. A county commissioner from each member county of the
854 consortium.
855 k. An elected member of the governing body of the most
856 populous municipality within the geographic area of the
857 consortium.
858 l. An elected member of a school board within the
859 geographic area of the consortium.
860 m. A bail bond agent licensed pursuant to chapter 648,
861 designated by the Florida Bail Agents Association, to be
862 appointed to a 4-year term.
863 2. The members of the public safety coordinating council
864 shall elect a chair chairperson from among its members.
865 Section 18. For the purpose of incorporating the amendment
866 made by this act to section 903.046, Florida Statutes, in a
867 reference thereto, paragraph (c) of subsection (1) of section
868 903.047, Florida Statutes, is reenacted to read:
869 903.047 Conditions of pretrial release.—
870 (1) As a condition of pretrial release, whether such
871 release is by surety bail bond or recognizance bond or in some
872 other form, the defendant must:
873 (c) Comply with all conditions of pretrial release imposed
874 by the court. A court must consider s. 903.046(2) when
875 determining whether to impose nonmonetary conditions in addition
876 to or in lieu of monetary bond. Such nonmonetary conditions may
877 include, but are not limited to, requiring a defendant to:
878 1. Maintain employment, or, if unemployed, actively seek
879 employment.
880 2. Maintain or commence an educational program.
881 3. Abide by specified restrictions on personal
882 associations, place of residence, or travel.
883 4. Report on a regular basis to a designated law
884 enforcement agency, pretrial services agency, or other agency.
885 5. Comply with a specified curfew.
886 6. Refrain from possessing a firearm, destructive device,
887 or other dangerous weapon.
888 7. Refrain from excessive use of alcohol, or any use of a
889 narcotic drug or other controlled substance without a
890 prescription from a licensed medical practitioner.
891 8. Undergo available medical, psychological, psychiatric,
892 mental health, or substance abuse evaluation and follow all
893 recommendations, including treatment for drug or alcohol
894 dependency, and remain in a specified institution, if required
895 for that purpose.
896 9. Return to custody for specified hours following release
897 for employment, school, or other limited purposes.
898 10. Any other condition that is reasonably necessary to
899 assure the appearance of the defendant at subsequent proceedings
900 and to protect the community against unreasonable danger of
901 harm.
902 Section 19. For the purpose of incorporating the amendment
903 made by this act to section 903.046, Florida Statutes, in a
904 reference thereto, paragraphs (c) and (d) of subsection (5) of
905 section 907.041, Florida Statutes, are reenacted to read:
906 907.041 Pretrial detention and release.—
907 (5) PRETRIAL DETENTION.—
908 (c) Upon motion by the state attorney, the court may order
909 pretrial detention if it finds a substantial probability, based
910 on a defendant’s past and present patterns of behavior, the
911 criteria in s. 903.046, and any other relevant facts, that any
912 of the following circumstances exist:
913 1. The defendant has previously violated conditions of
914 release and that no further conditions of release are reasonably
915 likely to assure the defendant’s appearance at subsequent
916 proceedings;
917 2. The defendant, with the intent to obstruct the judicial
918 process, has threatened, intimidated, or injured any victim,
919 potential witness, juror, or judicial officer, or has attempted
920 or conspired to do so, and that no condition of release will
921 reasonably prevent the obstruction of the judicial process;
922 3. The defendant is charged with trafficking in controlled
923 substances as defined by s. 893.135, that there is a substantial
924 probability that the defendant has committed the offense, and
925 that no conditions of release will reasonably assure the
926 defendant’s appearance at subsequent criminal proceedings;
927 4. The defendant is charged with DUI manslaughter, as
928 defined by s. 316.193, and that there is a substantial
929 probability that the defendant committed the crime and that the
930 defendant poses a threat of harm to the community; conditions
931 that would support a finding by the court pursuant to this
932 subparagraph that the defendant poses a threat of harm to the
933 community include, but are not limited to, any of the following:
934 a. The defendant has previously been convicted of any crime
935 under s. 316.193, or of any crime in any other state or
936 territory of the United States that is substantially similar to
937 any crime under s. 316.193;
938 b. The defendant was driving with a suspended driver
939 license when the charged crime was committed; or
940 c. The defendant has previously been found guilty of, or
941 has had adjudication of guilt withheld for, driving while the
942 defendant’s driver license was suspended or revoked in violation
943 of s. 322.34;
944 5. The defendant poses the threat of harm to the community.
945 The court may so conclude, if it finds that the defendant is
946 presently charged with a dangerous crime, that there is a
947 substantial probability that the defendant committed such crime,
948 that the factual circumstances of the crime indicate a disregard
949 for the safety of the community, and that there are no
950 conditions of release reasonably sufficient to protect the
951 community from the risk of physical harm to persons;
952 6. The defendant was on probation, parole, or other release
953 pending completion of sentence or on pretrial release for a
954 dangerous crime at the time the current offense was committed;
955 7. The defendant has violated one or more conditions of
956 pretrial release or bond for the offense currently before the
957 court and the violation, in the discretion of the court,
958 supports a finding that no conditions of release can reasonably
959 protect the community from risk of physical harm to persons or
960 assure the presence of the accused at trial; or
961 8.a. The defendant has ever been sentenced pursuant to s.
962 775.082(9) or s. 775.084 as a prison releasee reoffender,
963 habitual violent felony offender, three-time violent felony
964 offender, or violent career criminal, or the state attorney
965 files a notice seeking that the defendant be sentenced pursuant
966 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
967 habitual violent felony offender, three-time violent felony
968 offender, or violent career criminal;
969 b. There is a substantial probability that the defendant
970 committed the offense; and
971 c. There are no conditions of release that can reasonably
972 protect the community from risk of physical harm or ensure the
973 presence of the accused at trial.
974 (d) If a defendant is arrested for a dangerous crime that
975 is a capital felony, a life felony, or a felony of the first
976 degree, and the court determines there is probable cause to
977 believe the defendant committed the offense, the state attorney,
978 or the court on its own motion, shall motion for pretrial
979 detention. If the court finds a substantial probability that the
980 defendant committed the offense and, based on the defendant’s
981 past and present patterns of behavior, consideration of the
982 criteria in s. 903.046, and any other relevant facts, that no
983 conditions of release or bail will reasonably protect the
984 community from risk of physical harm, ensure the presence of the
985 defendant at trial, or assure the integrity of the judicial
986 process, the court must order pretrial detention.
987 Section 20. For the purpose of incorporating the amendment
988 made by this act to section 903.09, Florida Statutes, in a
989 reference thereto, subsection (2) of section 903.286, Florida
990 Statutes, is reenacted to read:
991 903.286 Return of cash bond; requirement to withhold unpaid
992 fines, fees, court costs; cash bond forms.—
993 (2) All cash bond forms used in conjunction with the
994 requirements of s. 903.09 must prominently display a notice
995 explaining that all funds are subject to forfeiture and
996 withholding by the clerk of the court for the payment of costs
997 of prosecution, costs of representation as provided by ss. 27.52
998 and 938.29, court fees, court costs, and criminal penalties on
999 behalf of the criminal defendant regardless of who posted the
1000 funds.
1001 Section 21. For the purpose of incorporating the amendment
1002 made by this act to section 924.065, Florida Statutes, in a
1003 reference thereto, section 924.14, Florida Statutes, is
1004 reenacted to read:
1005 924.14 Stay of execution when defendant appeals.—An appeal
1006 by a defendant from either the judgment or sentence shall stay
1007 execution of the sentence, subject to the provisions of s.
1008 924.065.
1009 Section 22. This act shall take effect July 1, 2025.