Florida Senate - 2026 SB 600
By Senator Truenow
13-00275A-26 2026600__
1 A bill to be entitled
2 An act relating to bail bonds; amending s. 648.25,
3 F.S.; defining the term “virtual office”; amending s.
4 648.386, F.S.; replacing the term “classroom
5 instruction” with the term “in-person classroom
6 instruction” defining the term “in-person classroom
7 instruction”; decreasing the duration of in-person
8 classroom-instruction basic certification courses
9 required to be considered for approval and
10 certification as an approved limited surety agent and
11 professional bail bond agent prelicensing school;
12 amending s. 648.44, F.S.; prohibiting bail bond agents
13 and agencies from soliciting certain persons;
14 providing exceptions; authorizing bail bond agents and
15 agencies to accept certain fees or charges;
16 prohibiting virtual offices; conforming provisions to
17 changes made by the act; amending s. 903.011, F.S.;
18 requiring, rather than authorizing, that any monetary
19 or cash component of any form of pretrial release be
20 met by specified means; amending s. 903.046, F.S.;
21 revising the criteria that a court must consider in
22 making specified determinations; amending s. 903.0471,
23 F.S.; requiring that, upon a court’s entry of an order
24 to revoke pretrial release and order pretrial
25 detention, the clerk of the court discharge any bond
26 previously posted as a condition of pretrial release
27 without further order of the court; amending s.
28 903.05, F.S.; deleting the requirement that a surety
29 own certain real estate as a qualification for the
30 release of a person on bail; repealing s. 903.08,
31 F.S., relating to sufficiency of sureties; amending s.
32 903.09, F.S.; requiring sureties, other than bail bond
33 agents, to justify their suretyship by attaching to
34 the bond United States currency, a United States
35 postal money order, or a cashier’s check in the amount
36 of the bond; providing that such currency, money
37 order, or cashier’s check may not be used to secure
38 more than one bond; deleting the requirement that a
39 surety execute an affidavit providing certain
40 information; amending s. 903.101, F.S.; revising the
41 requirements that sureties must meet to have equal
42 access to jails for making bonds; amending s. 903.16,
43 F.S.; authorizing a defendant who has been admitted to
44 bail, or another person on the defendant’s behalf, to
45 deposit with the official authorized to take bail
46 money an amount equal to the bail amount set in the
47 court order; requiring that such deposit be receipted
48 in the name of the defendant; requiring, rather than
49 authorizing, the sheriff or other officials to remit
50 to the clerk money or bonds received which are to be
51 held by the clerk pending court action; deleting a
52 provision stating that consent is conclusively
53 presumed for the clerk of the circuit court to sell
54 bonds deposited as bail after forfeiture of the bond;
55 repealing s. 903.17, F.S., relating to substitution of
56 cash bail for other bail; amending s. 903.21, F.S.;
57 specifying that the surety is exonerated of liability
58 on a bond if a specified determination is made before
59 forfeiture of the bond; requiring clerks, upon a
60 certain affirmation by the sheriff or the chief
61 correctional officer, to discharge the bond without
62 further hearing or order from the court; revising the
63 definition of the term “costs and expenses”; amending
64 s. 903.26, F.S.; providing that a certain signed
65 certificate that certifies a specified required notice
66 constitutes sufficient proof of the mailing or
67 electronic transmission of such notice; deleting a
68 requirement that municipal officials having custody of
69 forfeited money deposit such money in a designated
70 municipal fund within 60 days after the forfeiture
71 notice has been mailed or electronically transmitted;
72 deleting certain requirements that must be met when
73 bonds are forfeited; revising the circumstances under
74 which the court is required to discharge a forfeiture
75 within a specified timeframe; requiring the state to
76 enter the information of a defendant in the National
77 Crime Information Center database for each felony
78 warrant that a court issues; specifying circumstances
79 under which the clerk must discharge a forfeiture and
80 issue a certain notice to the surety without further
81 order of the court; specifying circumstances under
82 which the clerk does not have standing to object to
83 specified motions; conforming provisions to changes
84 made by the act; making technical changes; amending s.
85 903.27, F.S.; requiring the clerk of the circuit court
86 to enter a certain judgment if the forfeiture is not
87 paid or discharged by order of a court of competent
88 jurisdiction within 60 days after the forfeiture
89 notice has been mailed or electronically transmitted;
90 reducing the number of days within which the clerk
91 must furnish specified information to the Department
92 of Financial Services, the Office of Insurance
93 Regulation of the Financial Services Commission, and
94 the surety company at its home office; conforming
95 provisions to changes made by the act; amending s.
96 903.28, F.S.; increasing the amount of time within
97 which a court must order remission of a forfeiture if
98 it determines that there was no breach of the bond;
99 requiring a court, upon a certain motion, to order
100 remission in accordance with specified provisions if a
101 defendant surrenders, is deceased, is apprehended, or
102 is deported within a certain time after forfeiture;
103 deleting provisions relating to the ordering of
104 remission under specified circumstances; decreasing
105 the amount of time for which the clerk of the circuit
106 court and the state attorney must be given notice
107 before a certain hearing and be furnished with copies
108 of certain documents; requiring the clerk of the
109 circuit court to issue a remission within a certain
110 timeframe after the entry of a court order directing
111 remission; providing for accrual of interest if
112 remission is not issued within such timeframe;
113 amending s. 903.29, F.S.; increasing the length of
114 time from the date of forfeiture of a bond within
115 which a surety may arrest the principal; amending s.
116 903.31, F.S.; revising provisions relating to the
117 ordering of a bond cancellation; revising
118 applicability; defining the term “revoked”; specifying
119 that the original appearance bond does not guarantee a
120 sentencing deferral, a deferred prosecution agreement,
121 a delayed sentencing, or an appearance after entering
122 a plea agreement; repealing s. 903.36, F.S., relating
123 to guaranteed arrest bond certificates as cash bail;
124 reenacting and amending s. 907.041, F.S.; establishing
125 a minimum bond amount per offense for persons charged
126 with dangerous crimes; requiring that a certain
127 pretrial release service certification be made in
128 writing before the defendant is released from custody;
129 revising the definition of the term “dangerous crime”;
130 authorizing, rather than requiring, the state attorney
131 or the court on its own motion, to move for pretrial
132 detention if a defendant is arrested for certain
133 dangerous crimes and the court makes a certain
134 determination; amending s. 648.45, F.S.; conforming
135 cross-references; making technical changes; reenacting
136 s. 626.2816(2) and (3), F.S., relating to regulation
137 of continuing education for licensees, course
138 providers, instructors, school officials, and monitor
139 groups, to incorporate the amendment made to s.
140 648.386, F.S., in references thereto; reenacting s.
141 903.047(1)(c), F.S., relating to conditions of
142 pretrial release, to incorporate the amendment made to
143 s. 903.046, F.S., in a reference thereto; reenacting
144 s. 903.286(2), F.S., relating to cash bond forms, to
145 incorporate the amendment made to s. 903.09, F.S., in
146 a reference thereto; providing an effective date.
147
148 Be It Enacted by the Legislature of the State of Florida:
149
150 Section 1. Subsection (12) is added to section 648.25,
151 Florida Statutes, to read:
152 648.25 Definitions.—As used in this chapter, the term:
153 (12) “Virtual office” means a professional address, mail
154 handling, and sometimes phone answering and meeting room access,
155 without requiring a physical office space.
156 Section 2. Subsection (1) and paragraph (a) of subsection
157 (2) of section 648.386, Florida Statutes, are amended to read:
158 648.386 Qualifications for prelicensing and continuing
159 education schools and instructors.—
160 (1) DEFINITION OF “IN-PERSON CLASSROOM INSTRUCTION”.—As
161 used in this section, the term “in-person classroom instruction”
162 means a course designed to be presented to a group of students
163 by a live instructor using lecture, with the instructor and
164 students in the same physical classroom at the same time video,
165 webcast, or virtual or other audio-video presentation.
166 (2) SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In
167 order to be considered for approval and certification as an
168 approved limited surety agent and professional bail bond agent
169 prelicensing school, such entity must:
170 (a)1. Offer a minimum of two 80-hour in-person 120-hour
171 classroom-instruction basic certification courses in the
172 criminal justice system per calendar year unless a reduced
173 number of course offerings per calendar year is warranted in
174 accordance with rules adopted promulgated by the department; or
175 2. Offer a department-approved correspondence course
176 pursuant to department rules.
177 Section 3. Present paragraphs (d) through (p) of subsection
178 (1) of section 648.44, Florida Statutes, are redesignated as
179 paragraphs (e) through (q), respectively, a new paragraph (d) is
180 added to that subsection, and present paragraph (j) of that
181 subsection and subsections (4) and (9) of that section are
182 amended, to read:
183 648.44 Prohibitions; penalty.—
184 (1) A bail bond agent or bail bond agency may not:
185 (d) Solicit bail from an arrestee, the arrestee’s attorney,
186 an adult member of the arrestee’s immediate family, or any other
187 person the arrestee specifically designates in writing. The
188 arrestee must sign this designation before the solicitation
189 unless prohibited by the rules, regulations, or ordinances
190 governing the place of imprisonment. If such a prohibition
191 exists, the designation may be signed after the arrestee’s
192 release to ratify a previous oral designation made by him or
193 her. A solicitation to an arrestee may occur only after a
194 legitimate request for bail services has been received from the
195 arrestee or an individual specified in this paragraph. The
196 solicitation of a person specified in this paragraph may only
197 occur between 8 a.m. and 9 p.m., unless the bail bond agent or
198 bail bond agency has received direct and specific written
199 authorization from the arrestee or the arrestee’s attorney to
200 solicit at another time.
201 (k)(j) Accept anything of value from a principal for
202 providing a bail bond aside from except the premium, a credit
203 card merchant processing fee, a mobile payment services fee or
204 similar charge which must be separate from and not considered
205 premium, and a transfer fee authorized by the office, except
206 that the bail bond agent or bail bond agency may accept
207 collateral security or other indemnity from the principal or
208 another person in accordance with s. 648.442, together with
209 documentary stamp taxes, if applicable. No fees, expenses, or
210 charges of any kind shall be permitted to be deducted from the
211 collateral held or any return premium due, except as authorized
212 by this chapter or rule of the department or commission. Upon
213 written agreement with another party, a bail bond agent or bail
214 bond agency may, upon written agreement with another party,
215 receive a fee or compensation for returning to custody an
216 individual who has fled the jurisdiction of the court or caused
217 the forfeiture of a bond.
218 (4) A place of business, including a branch office, may not
219 be established, opened, or maintained unless it is under the
220 active full-time charge of a licensed and appointed bail bond
221 agent. A virtual office as defined in s. 648.25 is prohibited.
222 (9)(a) A Any person who violates paragraph (1)(f),
223 paragraph (1)(g), paragraph (1)(h), paragraph (1)(k), paragraph
224 (1)(o), any provisions of paragraph (1)(e), paragraph (1)(f),
225 paragraph (1)(g), paragraph (1)(j), or paragraph (1)(n), or
226 subsection (2) commits a felony of the third degree, punishable
227 as provided in s. 775.082, s. 775.083, or s. 775.084.
228 (b) A Any person who violates the provisions of paragraph
229 (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(i),
230 paragraph (1)(l), paragraph (1)(n), paragraph (1)(p), paragraph
231 (1)(q), paragraph (1)(h), paragraph (1)(k), paragraph (1)(m),
232 paragraph (1)(o), paragraph (1)(p), subsection (3), subsection
233 (4), or subsection (5) commits a misdemeanor of the first
234 degree, punishable as provided in s. 775.082 or s. 775.083.
235 Section 4. Subsection (2) of section 903.011, Florida
236 Statutes, is amended to read:
237 903.011 Pretrial release; general terms; statewide uniform
238 bond schedule.—
239 (2) Any monetary or cash component of any form of pretrial
240 release must may be met by a surety bond or by United States
241 currency, a United States postal money order, or a cashier’s
242 check in the amount of the bond.
243 Section 5. Paragraph (d) of subsection (2) of section
244 903.046, Florida Statutes, is amended to read:
245 903.046 Purpose of and criteria for bail determination.—
246 (2) When determining whether to release a defendant on bail
247 or other conditions, and what that bail or those conditions may
248 be, the court shall consider:
249 (d) The defendant’s past and present conduct, including any
250 record of convictions, previous flight to avoid prosecution, or
251 failure to appear at court proceedings. However, any defendant
252 who had failed to appear on the day of any required court
253 proceeding in the case at issue, but who had later voluntarily
254 appeared or surrendered, is not shall not be eligible for a
255 recognizance bond; and any defendant who failed to appear on the
256 day of any required court proceeding in the case at issue and
257 who was later arrested is not shall not be eligible for a
258 recognizance bond or for any form of bond which does not require
259 the greater of a monetary undertaking or commitment equal to or
260 greater than $2,000 or twice the value of the monetary
261 commitment or undertaking of the original bond, whichever is
262 greater. Notwithstanding anything in this section, the court has
263 discretion in determining conditions of release if the defendant
264 proves circumstances beyond his or her control for the failure
265 to appear. This section may not be construed as imposing
266 additional duties or obligations on a governmental entity
267 related to monetary bonds.
268 Section 6. Section 903.0471, Florida Statutes, is amended
269 to read:
270 903.0471 Violation of condition of pretrial release.
271 Notwithstanding s. 907.041, a court may, on its own motion,
272 revoke pretrial release and order pretrial detention if the
273 court finds probable cause to believe that the defendant
274 committed a new crime while on pretrial release or violated any
275 other condition of pretrial release in a material respect. Upon
276 entry of such an order to revoke pretrial release and order
277 pretrial detention, the clerk of the court must discharge any
278 bond previously posted as a condition of pretrial release
279 without further order of the court.
280 Section 7. Section 903.05, Florida Statutes, is amended to
281 read:
282 903.05 Qualification of sureties.—A surety for the release
283 of a person on bail, other than a company authorized by law to
284 act as a surety, shall be a resident of the state or own real
285 estate within the state.
286 Section 8. Section 903.08, Florida Statutes, is repealed.
287 Section 9. Subsection (1) of section 903.09, Florida
288 Statutes, is amended to read:
289 903.09 Justification of sureties.—
290 (1) A surety, other than a bail bond agent as defined in s.
291 648.25, shall justify his or her suretyship by attaching to the
292 bond United States currency, a United States postal money order,
293 or a cashier’s check in the amount of the bond; however, the
294 United States currency, United States postal money order, or
295 cashier’s check may not be used to secure more than one bond
296 execute an affidavit stating that she or he possesses the
297 qualifications and net worth required to become a surety. The
298 affidavit shall describe the surety’s property and any
299 encumbrances and shall state the number and amount of any bonds
300 entered into by the surety at any court that remain
301 undischarged.
302 Section 10. Section 903.101, Florida Statutes, is amended
303 to read:
304 903.101 Sureties; licensed persons; to have equal access.
305 Subject to rules adopted by the Department of Financial Services
306 and by the Financial Services Commission, every surety who meets
307 the requirements of s. 903.09 ss. 903.05, 903.06, 903.08, and
308 903.09, and every person who is currently licensed by the
309 Department of Financial Services and registered as required by
310 s. 648.42 must shall have equal access to the jails of this
311 state for the purpose of making bonds.
312 Section 11. Section 903.16, Florida Statutes, is amended to
313 read:
314 903.16 Deposit of money or bonds as bail.—
315 (1) A defendant who has been admitted to bail, or another
316 person in the defendant’s behalf, may deposit with the official
317 authorized to take bail money an amount equal to the bail amount
318 set in the court order. Such deposit must be receipted in the
319 name of the defendant or nonregistered bonds of the United
320 States, the state, or a city, town, or county in the state,
321 equal in market value to the amount set in the order and the
322 personal bond of the defendant and an undertaking by the
323 depositor if the money or bonds are deposited by another. The
324 sheriff or other officials shall may remit money or bonds
325 received to the clerk to be held by the clerk pending court
326 action or return to the defendant or depositor. The clerk shall
327 accept money or bonds remitted by the sheriff.
328 (2) Consent is conclusively presumed for the clerk of the
329 circuit court to sell bonds deposited as bail after forfeiture
330 of the bond.
331 Section 12. Section 903.17, Florida Statutes, is repealed.
332 Section 13. Subsection (3) of section 903.21, Florida
333 Statutes, is amended to read:
334 903.21 Method of surrender; exoneration of obligors.—
335 (3)(a) The surety shall be exonerated of liability on the
336 bond if it is determined before forfeiture breach of the bond
337 that the defendant is in any jail or prison and the surety
338 agrees in writing to pay the costs and expenses incurred in
339 returning the defendant to the jurisdiction of the court. Upon
340 affirmation by the sheriff or the chief correctional officer of
341 the defendant being in any jail or prison and the surety
342 agreeing in writing to pay the costs and expenses incurred in
343 returning the defendant to the jurisdiction of the court, the
344 clerk must discharge the bond without further hearing or order
345 of the court. A surety is only responsible for the itemized
346 costs and expenses incurred for the transport of a defendant to
347 whom he or she has a fiduciary duty and is not liable for the
348 costs and expenses incurred in transporting any other defendant.
349 (b) As used in For purposes of this subsection, the term:
350 1. “Costs and expenses” means the prorated salary of any
351 law enforcement officer or employee of a contracted
352 transportation company as well as the actual expenses of
353 transporting each defendant, which may only consist of mileage,
354 vehicle expenses, meals, and, if necessary, overnight lodging
355 for any law enforcement officer or employee of a contracted
356 transportation company and the defendant.
357 2. “Jurisdiction” means the county from which the defendant
358 was released on bail.
359 Section 14. Section 903.26, Florida Statutes, is amended to
360 read:
361 903.26 Forfeiture of the bond; when and how directed;
362 discharge; how and when made; effect of payment.—
363 (1) A bail bond may shall not be forfeited unless:
364 (a) The information, indictment, or affidavit was filed
365 within 6 months after from the date of arrest, and
366 (b) The clerk of the court gave the surety at least 72
367 hours’ notice, exclusive of Saturdays, Sundays, and holidays,
368 before the time of the required appearance of the defendant.
369 Notice is shall not be necessary if the time for appearance is
370 within 72 hours after from the time of arrest, or if the time is
371 stated on the bond. Such notice may be mailed or electronically
372 transmitted. A certificate signed by the clerk of the court or
373 the clerk’s designee which certifies that the notice required
374 under this paragraph was mailed or electronically transmitted on
375 a specified date and time and which is accompanied by a copy of
376 the required notice constitutes sufficient proof that such
377 mailing or electronic transmission was properly accomplished as
378 required in this paragraph.
379 (2)(a) If there is a failure of the defendant to appear as
380 required, the court must shall declare the bond and any bonds or
381 money deposited as bail forfeited. The clerk of the court shall
382 mail or electronically transmit a notice to the surety agent,
383 bail bond agency, and surety company within 5 days after the
384 forfeiture. A certificate signed by the clerk of the court or
385 the clerk’s designee which certifies, certifying that the notice
386 required under this section herein was mailed or electronically
387 transmitted on a specified date and which is accompanied by a
388 copy of the required notice constitutes, shall constitute
389 sufficient proof that such mailing or electronic transmission
390 was properly accomplished as required in this paragraph
391 indicated therein. If such mailing or electronic transmission
392 was properly accomplished as evidenced by such certificate, the
393 failure of the surety agent, a bail bond agency, of a company,
394 or of a defendant to receive such notice does shall not
395 constitute a defense to such forfeiture and may shall not be
396 grounds for discharge, remission, reduction, set aside, or
397 continuance of such forfeiture. The forfeiture must shall be
398 paid within 60 days after the date the notice was mailed or
399 electronically transmitted.
400 (b) If Failure of the defendant fails to appear at the
401 time, date, and place of required appearance, shall result in
402 forfeiture of the bond is forfeited. Such forfeiture must shall
403 be automatically entered by the clerk upon such failure to
404 appear, and the clerk shall follow the procedures in paragraph
405 (a). However, the court may determine, in its discretion and, in
406 the interest of justice, that an appearance by the defendant on
407 the same day as required day does not warrant forfeiture of the
408 bond; and the court may direct the clerk to set aside any such
409 forfeiture which may have been entered. Any appearance by the
410 defendant later than the required day constitutes forfeiture of
411 the bond, and the court may shall not preclude entry of such
412 forfeiture by the clerk.
413 (c) If there is a forfeiture of the bond, the clerk must
414 shall provide, upon request, a certified copy of the warrant or
415 capias to the bail bond agent or surety company.
416 (3) Sixty days after the forfeiture notice has been mailed
417 or electronically transmitted:
418 (a) State and county officials having custody of forfeited
419 money shall deposit the money in the fine and forfeiture fund
420 established pursuant to s. 142.01.
421 (b) Municipal officials having custody of forfeited money
422 shall deposit the money in a designated municipal fund.
423 (c) Officials having custody of bonds as authorized by s.
424 903.16 shall transmit the bonds to the clerk of the circuit
425 court who shall sell them at market value and disburse the
426 proceeds as provided in paragraph (a) paragraphs (a) and (b).
427 (4)(a) When a bond is forfeited, the clerk shall transmit
428 the bond and any affidavits to the clerk of the circuit court in
429 which the bond and affidavits are filed. The clerk of the
430 circuit court shall record the forfeiture in the deed or
431 official records book. If the undertakings and affidavits
432 describe real property in another county, the clerk shall
433 transmit the bond and affidavits to the clerk of the circuit
434 court of the county where the property is located who shall
435 record and return them.
436 (b) The bond and affidavits shall be a lien on the real
437 property they describe from the time of recording in the county
438 where the property is located for 2 years or until the final
439 determination of an action instituted thereon within a 2-year
440 period. If an action is not instituted within 2 years from the
441 date of recording, the lien shall be discharged. The lien will
442 be discharged 2 years after the recording even if an action was
443 instituted within 2 years unless a lis pendens notice is
444 recorded in the action.
445 (5) The court shall discharge a forfeiture within 60 days
446 upon any of the following:
447 (a) A determination that, due to circumstances beyond the
448 defendant’s control, it was impossible for the defendant to
449 appear as required or within 60 days after the forfeiture notice
450 was mailed or electronically transmitted date of the required
451 appearance due to circumstances beyond the defendant’s control.
452 The potential adverse economic consequences of appearing as
453 required may not be considered as constituting a ground for such
454 a determination.;
455 (b) A determination that, at the time of the required
456 appearance or within 60 days after the forfeiture notice was
457 mailed or electronically transmitted date of the required
458 appearance, the defendant was confined in an institution or
459 hospital; was confined in any county, state, federal, or
460 immigration detention facility; was deported; or is deceased.;
461 (c) Surrender or arrest of the defendant at the time of the
462 required appearance or within 60 days after the forfeiture
463 notice was mailed or electronically transmitted date of the
464 required appearance in any county, state, or federal jail or
465 prison and upon a hold being placed to return the defendant to
466 the jurisdiction of the court. The court shall condition a
467 discharge or remission on the payment of costs and the expenses
468 as provided in s. 903.21(3), incurred by an official in
469 returning the defendant to the jurisdiction of the court.; or
470 (d) A determination that the state is unwilling to seek
471 extradition of the fugitive defendant within 10 30 days after a
472 written request by the surety agent to do so, and contingent
473 upon the surety agent’s consent to pay all costs and the
474 expenses incurred by an official in returning the defendant to
475 the jurisdiction of the court, as provided in s. 903.21(3), up
476 to the penal amount of the bond. If the state does not respond
477 in writing within 10 days after receiving a written request to
478 seek a determination of extradition, the failure to respond is
479 evidence that the state is unwilling to seek extradition.
480 (5) For each felony warrant that a court issues, the state
481 shall enter the information of the defendant in the National
482 Crime Information Center database with no restrictions until the
483 defendant is returned to the jurisdiction of the court.
484 (6) The discharge of a forfeiture may shall not be ordered
485 for any reason other than as specified herein.
486 (7) The payment by a surety of a forfeiture under this law
487 has shall have the same effect on the bond as payment of a
488 judgment.
489 (8) If the defendant is arrested and returned to the county
490 of jurisdiction of the court or has posted a new bond for the
491 case at issue before judgment, the clerk must, upon affirmation
492 by the sheriff or the chief correctional officer and, shall,
493 without further hearing or order of the court, discharge the
494 forfeiture of the bond. However, if the surety agent fails to
495 pay the costs and expenses incurred in returning the defendant
496 to the county of jurisdiction, the clerk may shall not discharge
497 the forfeiture of the bond. If the surety agent and the sheriff
498 fail to agree on the amount of such said costs, then the court,
499 after notice to the sheriff and the state attorney, must shall
500 determine the amount of the costs.
501 (9) If, after forfeiture of a bond, the criminal charges
502 for which the bond guaranteed appearance are resolved,
503 adjudicated, or otherwise disposed of by any action of the court
504 or state, the clerk must discharge the forfeiture and issue such
505 notice to the surety without further order of the court. If such
506 resolution or disposition occurs after payment of a forfeiture
507 or judgment, remission must be granted upon proper motion and as
508 specified under s. 903.28.
509 (10) Unless the time for payment or discharge of the
510 forfeiture set forth in s. 903.27(1) has passed, or unless
511 payment of the forfeiture has already been made, the clerk does
512 not have standing to object to a motion to set aside a
513 forfeiture under paragraph (2)(b), a motion to discharge a
514 forfeiture under subsection (4), or a motion to reinstate a bond
515 under s. 903.31(2).
516 Section 15. Section 903.27, Florida Statutes, is amended to
517 read:
518 903.27 Forfeiture to judgment.—
519 (1) If the forfeiture is not paid or discharged by order of
520 a court of competent jurisdiction within 60 days after the
521 forfeiture notice has been mailed or electronically transmitted
522 and the bond is secured other than by money and bonds authorized
523 in s. 903.16, the clerk of the circuit court for the county
524 where the order was made must shall enter a judgment against the
525 surety for the amount of the penalty and issue execution.
526 However, in any case in which the bond forfeiture has been
527 discharged by the court of competent jurisdiction conditioned
528 upon the payment by the surety of certain costs or fees as
529 allowed by statute, the amount for which judgment may be entered
530 may not exceed the amount of the unpaid fees or costs upon which
531 the discharge had been conditioned. Judgment for the full amount
532 of the forfeiture may shall not be entered if payment of a
533 lesser amount will satisfy the conditions to discharge the
534 forfeiture. Within 5 10 days, the clerk shall furnish the
535 Department of Financial Services and the Office of Insurance
536 Regulation of the Financial Services Commission with a certified
537 copy of the judgment docket and shall furnish the surety company
538 at its home office a copy of the judgment, which shall include
539 the power of attorney number of the bond and the name of the
540 executing agent. If the judgment is not paid within 35 days, the
541 clerk must shall furnish the Department of Financial Services,
542 the Office of Insurance Regulation, and the sheriff of the
543 county in which the bond was executed, or the official
544 responsible for operation of the county jail, if that official
545 is not other than the sheriff, two copies of the judgment and a
546 certificate stating that the judgment remains unsatisfied. When
547 and if the judgment is properly paid or an order to vacate the
548 judgment has been entered by a court of competent jurisdiction,
549 the clerk shall immediately notify the sheriff, or other such
550 the official responsible for the operation of the county jail,
551 if other than the sheriff, and, if they have been previously
552 notified of nonpayment, the Department of Financial Services and
553 the Office of Insurance Regulation, if the department and office
554 had been previously notified of nonpayment, of such payment or
555 order to vacate the judgment. The clerk may furnish documents or
556 give notice as required in this subsection by mail or electronic
557 means. The clerk shall also immediately prepare and record in
558 the public records a satisfaction of the judgment or record the
559 order to vacate judgment. If the defendant is returned to the
560 county of jurisdiction of the court, whenever a motion to set
561 aside the judgment is filed, the operation of this section is
562 tolled until the court makes a disposition of the motion.
563 (2) A certificate signed by the clerk of the court or her
564 or his designee which certifies, certifying that the notice
565 required in subsection (1) was mailed or electronically
566 delivered on a specified date, and is accompanied by a copy of
567 the required notice constitutes sufficient proof that such
568 mailing or electronic delivery was properly accomplished as
569 required in this subsection indicated therein. If such mailing
570 or electronic delivery was properly accomplished as evidenced by
571 such certificate, the failure of a company to receive a copy of
572 the judgment as prescribed in subsection (1) does not constitute
573 a defense to the forfeiture and is not a ground for the
574 discharge, remission, reduction, set aside, or continuance of
575 such forfeiture.
576 (3) Surety bail bonds may not be executed by a bail bond
577 agent or a bail bond agency against whom a judgment has been
578 entered which has remained unpaid for 35 days and may not be
579 executed for a company against whom a judgment has been entered
580 which has remained unpaid for 50 days. A No sheriff or other
581 official who is empowered to accept or approve surety bail bonds
582 may not shall accept or approve such a bond executed by such a
583 bail bond agent or bail bond agency or executed for such a
584 company until such judgment has been paid.
585 (4) After notice of judgment against the surety given by
586 the clerk of the circuit court, the surety, a bail bond agency,
587 or a bail bond agent shall, within 35 days after of the entry of
588 judgment, submit to the clerk of the circuit court an amount
589 equal to the judgment, unless the judgment has been set aside by
590 the court within 35 days after of the entry of the judgment. If
591 a motion to set aside the judgment has been filed pursuant to
592 subsection (5), the amount submitted must shall be held in
593 escrow until such time as the court has disposed of the motion.
594 The failure to comply with the provisions of this subsection
595 constitutes a failure to pay the judgment.
596 (5) After notice of judgment against the surety given by
597 the clerk of the circuit court, the surety, bail bond agency, or
598 bail bond agent may within 35 days file a motion to set aside
599 the judgment or to stay the judgment. It shall be a condition of
600 Any such motion or and of any order to stay the judgment must be
601 conditioned on payment by that the surety of pay the amount of
602 the judgment to the clerk, which amount must shall be held in
603 escrow until such time as the court has disposed of the motion
604 to set aside the judgment. The filing of such a motion, when
605 accompanied by the required escrow deposit, acts shall act as an
606 automatic stay of further proceedings, including execution,
607 until the motion has been heard and a decision rendered by the
608 court.
609 (6) The failure of a state attorney to file, or of the
610 clerk of the circuit court to make, a certified copy of the
611 order of forfeiture as required by law applicable before prior
612 to July 1, 1982, does shall not invalidate any judgment entered
613 by the clerk before prior to June 12, 1981.
614 Section 16. Section 903.28, Florida Statutes, is amended to
615 read:
616 903.28 Remission of forfeiture; conditions.—
617 (1) On application within 36 months after 2 years from
618 forfeiture, the court must shall order remission of the
619 forfeiture if it determines that there was no breach of the
620 bond.
621 (2) If the defendant surrenders, is deceased, or is
622 apprehended, or is deported within 36 months 90 days after
623 forfeiture, the court, on motion at a hearing upon notice having
624 been given to the clerk of the circuit court and the state
625 attorney as required under subsection (4), must in subsection
626 (8), shall direct remission in accordance with the following:
627 (a) One-hundred percent of the forfeiture if:
628 1. The defendant surrenders, is apprehended, or is deported
629 within 90 days after forfeiture;
630 2. The state is unwilling to seek extradition of the
631 defendant from any jail or prison after a request by the surety
632 agent, bail bond agency, or the surety company, and contingent
633 upon the surety agent, bail bond agency, or surety company
634 consenting to pay all costs incurred by an official in returning
635 the defendant to the jurisdiction of the court, as provided in
636 s. 903.21(3)(a), up to the penal amount of the bond;
637 3. The defendant is deceased or was confined in any county,
638 state, federal, or immigration detention facility and
639 subsequently was released from custody or deported without the
640 state placing a detainer on the defendant; or
641 4. The defendant is deceased within 36 months after
642 forfeiture.
643 (b) Ninety-five percent of the forfeiture if the defendant
644 surrenders, is apprehended, or is deported within 180 days after
645 forfeiture.
646 (c) Ninety percent of the forfeiture if the defendant
647 surrenders, is apprehended, or is deported within 270 days after
648 forfeiture.
649 (d) Eighty-five percent of the forfeiture if the defendant
650 surrenders, is apprehended, or is deported within 360 days after
651 forfeiture.
652 (e) Eighty percent of the forfeiture if the defendant
653 surrenders, is apprehended, or is deported within 450 days after
654 forfeiture.
655 (f) Seventy-five percent of the forfeiture if the defendant
656 surrenders, is apprehended, or is deported within 540 days after
657 forfeiture.
658 (g) Seventy percent of the forfeiture if the defendant
659 surrenders, is apprehended, or is deported within 630 days after
660 forfeiture.
661 (h) Sixty-five percent of the forfeiture if the defendant
662 surrenders, is apprehended, or is deported within 720 days after
663 forfeiture.
664 (i) Sixty percent of the forfeiture if the defendant
665 surrenders, is apprehended, or is deported within 810 days after
666 forfeiture.
667 (j) Fifty-five percent of the forfeiture if the defendant
668 surrenders, is apprehended, or is deported within 900 days after
669 forfeiture.
670 (k) Fifty percent of the forfeiture if the defendant
671 surrenders, is apprehended, or is deported within 990 days after
672 forfeiture.
673 (l) Forty-five percent of the forfeiture if the defendant
674 surrenders, is apprehended, or is deported within 36 months
675 after forfeiture of up to, but not more than, 100 percent of a
676 forfeiture if the surety apprehended and surrendered the
677 defendant or if the apprehension or surrender of the defendant
678 was substantially procured or caused by the surety, or the
679 surety has substantially attempted to procure or cause the
680 apprehension or surrender of the defendant, and the delay has
681 not thwarted the proper prosecution of the defendant. In
682 addition, remission shall be granted when the surety did not
683 substantially participate or attempt to participate in the
684 apprehension or surrender of the defendant when the costs of
685 returning the defendant to the jurisdiction of the court have
686 been deducted from the remission and when the delay has not
687 thwarted the proper prosecution of the defendant.
688 (3) If the defendant surrenders or is apprehended within
689 180 days after forfeiture, the court, on motion at a hearing
690 upon notice having been given to the clerk of the circuit court
691 and the state attorney as required in subsection (8), shall
692 direct remission of up to, but not more than, 95 percent of a
693 forfeiture if the surety apprehended and surrendered the
694 defendant or if the apprehension or surrender of the defendant
695 was substantially procured or caused by the surety, or the
696 surety has substantially attempted to procure or cause the
697 apprehension or surrender of the defendant, and the delay has
698 not thwarted the proper prosecution of the defendant. In
699 addition, remission shall be granted when the surety did not
700 substantially participate or attempt to participate in the
701 apprehension or surrender of the defendant when the costs of
702 returning the defendant to the jurisdiction of the court have
703 been deducted from the remission and when the delay has not
704 thwarted the proper prosecution of the defendant.
705 (4) If the defendant surrenders or is apprehended within
706 270 days after forfeiture, the court, on motion at a hearing
707 upon notice having been given to the clerk of the circuit court
708 and the state attorney as required in subsection (8), shall
709 direct remission of up to, but not more than, 90 percent of a
710 forfeiture if the surety apprehended and surrendered the
711 defendant or if the apprehension or surrender of the defendant
712 was substantially procured or caused by the surety, or the
713 surety has substantially attempted to procure or cause the
714 apprehension or surrender of the defendant, and the delay has
715 not thwarted the proper prosecution of the defendant. In
716 addition, remission shall be granted when the surety did not
717 substantially participate or attempt to participate in the
718 apprehension or surrender of the defendant when the costs of
719 returning the defendant to the jurisdiction of the court have
720 been deducted from the remission and when the delay has not
721 thwarted the proper prosecution of the defendant.
722 (5) If the defendant surrenders or is apprehended within 1
723 year after forfeiture, the court, on motion at a hearing upon
724 notice having been given to the clerk of the circuit court and
725 the state attorney as required in subsection (8), shall direct
726 remission of up to, but not more than, 85 percent of a
727 forfeiture if the surety apprehended and surrendered the
728 defendant or if the apprehension or surrender of the defendant
729 was substantially procured or caused by the surety, or the
730 surety has substantially attempted to procure or cause the
731 apprehension or surrender of the defendant, and the delay has
732 not thwarted the proper prosecution of the defendant. In
733 addition, remission shall be granted when the surety did not
734 substantially participate or attempt to participate in the
735 apprehension or surrender of the defendant when the costs of
736 returning the defendant to the jurisdiction of the court have
737 been deducted from the remission and when the delay has not
738 thwarted the proper prosecution of the defendant.
739 (6) If the defendant surrenders or is apprehended within 2
740 years after forfeiture, the court, on motion at a hearing upon
741 notice having been given to the clerk of the circuit court and
742 the state attorney as required in subsection (8), shall direct
743 remission of up to, but not more than, 50 percent of a
744 forfeiture if the surety apprehended and surrendered the
745 defendant or if the apprehension or surrender of the defendant
746 was substantially procured or caused by the surety, or the
747 surety has substantially attempted to procure or cause the
748 apprehension or surrender of the defendant, and the delay has
749 not thwarted the proper prosecution of the defendant. In
750 addition, remission shall be granted when the surety did not
751 substantially participate or attempt to participate in the
752 apprehension or surrender of the defendant when the costs of
753 returning the defendant to the jurisdiction of the court have
754 been deducted from the remission and when the delay has not
755 thwarted the proper prosecution of the defendant.
756 (3)(7) The remission of a forfeiture may not be ordered for
757 any reason other than as specified in this section herein.
758 (4)(8) An application for remission must be accompanied by
759 affidavits setting forth the facts on which it is founded;
760 however, the surety must establish by further documentation or
761 other evidence any claimed attempt at procuring or causing the
762 apprehension or surrender of the defendant before the court may
763 order remission based upon an attempt to procure or cause such
764 apprehension or surrender. The clerk of the circuit court and
765 the state attorney must be given 10 20 days’ notice before a
766 hearing on an application and be furnished copies of all papers,
767 applications, and affidavits. Remission must shall be granted on
768 the condition of payment of costs, as provided in s.
769 903.21(3)(a), unless the ground for remission is that there was
770 no breach of the bond.
771 (5)(9) The clerk of the circuit court may enter into a
772 contract with a private attorney or into an interagency
773 agreement with a governmental agency to represent the clerk of
774 the court in an action for the remission of a forfeiture under
775 this section.
776 (6)(10) The clerk of the circuit court is the real party in
777 interest for all appeals arising from an action for the
778 remission of a forfeiture under this section.
779 (7) The clerk of the circuit court shall issue a remission
780 within 10 days after entry of a court order directing remission,
781 and a remission untimely issued accrues interest at the rate of
782 1.5 percent per month.
783 Section 17. Section 903.29, Florida Statutes, is amended to
784 read:
785 903.29 Arrest of principal by surety after forfeiture.
786 Within 3 2 years from the date of forfeiture of a bond, the
787 surety may arrest the principal for the purpose of surrendering
788 the principal to the official in whose custody she or he was at
789 the time bail was taken or in whose custody the principal would
790 have been placed had she or he been committed.
791 Section 18. Subsections (1) and (2) of section 903.31,
792 Florida Statutes, are amended to read:
793 903.31 Canceling the bond.—
794 (1) Within 10 business days after the conditions of a bond
795 have been satisfied or the forfeiture discharged or remitted,
796 the court must shall order the bond canceled and, if the surety
797 has attached a certificate of cancellation to the original bond,
798 the clerk of the court must shall mail or electronically furnish
799 an executed certificate of cancellation to the surety without
800 cost. The clerk of the court shall discharge the bond upon an
801 adjudication of guilt or innocence or an acquittal, or if a
802 period of 36 months has passed since the original bond was
803 posted., or A withholding of an adjudication of guilt, a finding
804 of guilt by a jury, or a no action by the state satisfies shall
805 satisfy the conditions of the bond. If the bond has been revoked
806 by the court, the clerk of the court must discharge or cancel
807 the bond. The original appearance bond expires shall expire 36
808 months after such bond has been posted for the release of the
809 defendant from custody, at which time the clerk of the court
810 must discharge the bond. This subsection does not apply to cases
811 in which a bond has been declared forfeited before the 36-month
812 expiration, unless the forfeiture was set aside or discharged.
813 As used in this subsection, the term “revoked” means that an
814 act, a statement, a document, or a promise has been annulled or
815 canceled.
816 (2) The original appearance bond does not guarantee a
817 deferred sentence; a sentencing deferral; a deferred prosecution
818 agreement; a delayed sentencing; an appearance after entering a
819 plea agreement; an appearance during or after a presentence
820 investigation; an appearance during or after appeals; conduct
821 during or appearance after admission to a pretrial intervention
822 program; placement in a court-ordered program, including a
823 residential mental health facility; payment of fines; or
824 attendance at educational or rehabilitation facilities the court
825 otherwise provides in the judgment. If the original appearance
826 bond has been forfeited or revoked, it may the bond shall not be
827 reinstated without approval from the surety on the original
828 bond.
829 Section 19. Section 903.36, Florida Statutes, is repealed.
830 Section 20. Subsection (3) and paragraphs (a), (d), and (g)
831 of subsection (5) of section 907.041, Florida Statutes, are
832 amended, and paragraph (c) of subsection (5) of that section is
833 reenacted, to read:
834 907.041 Pretrial detention and release.—
835 (3) RELEASE ON NONMONETARY CONDITIONS.—
836 (a) It is the intent of the Legislature to create a
837 presumption in favor of release on nonmonetary conditions for
838 any person who is granted pretrial release unless such person is
839 charged with a dangerous crime as defined in subsection (5) or
840 such person is an unauthorized alien charged with a forcible
841 felony as described in subsection (6). A person charged with a
842 dangerous crime as defined in subsection (5) must shall be
843 released on monetary conditions, with a minimum bond amount of
844 $10,000 per offense, if it is determined that such monetary
845 conditions are necessary to assure the presence of the person at
846 trial or at other proceedings, to protect the community from
847 risk of physical harm to persons, to assure the presence of the
848 accused at trial, or to assure the integrity of the judicial
849 process.
850 (b) A No person may not shall be released on nonmonetary
851 conditions under the supervision of a pretrial release service,
852 unless the service certifies in writing to the court, before the
853 defendant is released from custody, that it has investigated or
854 otherwise verified:
855 1. The circumstances of the accused’s family, employment,
856 financial resources, character, mental condition, immigration
857 status, and length of residence in the community;
858 2. The accused’s record of convictions, of appearances at
859 court proceedings, of flight to avoid prosecution, or of failure
860 to appear at court proceedings; and
861 3. Other facts necessary to assist the court in its
862 determination of the indigency of the accused and whether she or
863 he should be released under the supervision of the service.
864 (5) PRETRIAL DETENTION.—
865 (a) As used in this subsection, “dangerous crime” means any
866 of the following:
867 1. Arson.;
868 2. Aggravated assault.;
869 3. Aggravated battery.;
870 4. Illegal use of explosives.;
871 5. Child abuse or aggravated child abuse.;
872 6. Abuse of an elderly person or disabled adult, or
873 aggravated abuse of an elderly person or disabled adult.;
874 7. Aircraft piracy.;
875 8. Kidnapping.;
876 9. Homicide.;
877 10. Manslaughter, including DUI manslaughter and BUI
878 manslaughter.;
879 11. Sexual battery.;
880 12. Robbery.;
881 13. Carjacking.;
882 14. Lewd, lascivious, or indecent assault or act upon or in
883 presence of a child under the age of 16 years.;
884 15. Sexual activity with a child, who is 12 years of age or
885 older but less than 18 years of age, by or at solicitation of
886 person in familial or custodial authority.;
887 16. Burglary of a dwelling.;
888 17. Stalking and aggravated stalking.;
889 18. Act of domestic violence as defined in s. 741.28.;
890 19. Home invasion robbery.;
891 20. Act of terrorism as defined in s. 775.30.;
892 21. Manufacturing any substances in violation of chapter
893 893.;
894 22. Attempting or conspiring to commit any such crime.;
895 23. Human trafficking.;
896 24. Trafficking in any controlled substance described in s.
897 893.135(1)(c)4.;
898 25. Extortion in violation of s. 836.05.; and
899 26. Written threats to kill in violation of s. 836.10.
900 27. Driving under the influence in violation of s.
901 316.193(2)(b)1. or (2)(b)3.
902 28. Felony battery.
903 29. Battery by strangulation.
904 (c) Upon motion by the state attorney, the court may order
905 pretrial detention if it finds a substantial probability, based
906 on a defendant’s past and present patterns of behavior, the
907 criteria in s. 903.046, and any other relevant facts, that any
908 of the following circumstances exist:
909 1. The defendant has previously violated conditions of
910 release and that no further conditions of release are reasonably
911 likely to assure the defendant’s appearance at subsequent
912 proceedings;
913 2. The defendant, with the intent to obstruct the judicial
914 process, has threatened, intimidated, or injured any victim,
915 potential witness, juror, or judicial officer, or has attempted
916 or conspired to do so, and that no condition of release will
917 reasonably prevent the obstruction of the judicial process;
918 3. The defendant is charged with trafficking in controlled
919 substances as defined by s. 893.135, that there is a substantial
920 probability that the defendant has committed the offense, and
921 that no conditions of release will reasonably assure the
922 defendant’s appearance at subsequent criminal proceedings;
923 4. The defendant is charged with DUI manslaughter, as
924 defined by s. 316.193, and that there is a substantial
925 probability that the defendant committed the crime and that the
926 defendant poses a threat of harm to the community; conditions
927 that would support a finding by the court pursuant to this
928 subparagraph that the defendant poses a threat of harm to the
929 community include, but are not limited to, any of the following:
930 a. The defendant has previously been convicted of any crime
931 under s. 316.193, or of any crime in any other state or
932 territory of the United States that is substantially similar to
933 any crime under s. 316.193;
934 b. The defendant was driving with a suspended driver
935 license when the charged crime was committed; or
936 c. The defendant has previously been found guilty of, or
937 has had adjudication of guilt withheld for, driving while the
938 defendant’s driver license was suspended or revoked in violation
939 of s. 322.34;
940 5. The defendant poses the threat of harm to the community.
941 The court may so conclude, if it finds that the defendant is
942 presently charged with a dangerous crime, that there is a
943 substantial probability that the defendant committed such crime,
944 that the factual circumstances of the crime indicate a disregard
945 for the safety of the community, and that there are no
946 conditions of release reasonably sufficient to protect the
947 community from the risk of physical harm to persons;
948 6. The defendant was on probation, parole, or other release
949 pending completion of sentence or on pretrial release for a
950 dangerous crime at the time the current offense was committed;
951 7. The defendant has violated one or more conditions of
952 pretrial release or bond for the offense currently before the
953 court and the violation, in the discretion of the court,
954 supports a finding that no conditions of release can reasonably
955 protect the community from risk of physical harm to persons or
956 assure the presence of the accused at trial; or
957 8.a. The defendant has ever been sentenced pursuant to s.
958 775.082(9) or s. 775.084 as a prison releasee reoffender,
959 habitual violent felony offender, three-time violent felony
960 offender, or violent career criminal, or the state attorney
961 files a notice seeking that the defendant be sentenced pursuant
962 to s. 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;
965 b. There is a substantial probability that the defendant
966 committed the offense; and
967 c. There are no conditions of release that can reasonably
968 protect the community from risk of physical harm or ensure the
969 presence of the accused at trial.
970 (d) If a defendant is arrested for a dangerous crime that
971 is a capital felony, a life felony, or a felony of the first
972 degree, and the court determines there is probable cause to
973 believe the defendant committed the offense, the state attorney,
974 or the court on its own motion, may move shall motion for
975 pretrial detention. If the court finds a substantial probability
976 that the defendant committed the offense and, based on the
977 defendant’s past and present patterns of behavior, consideration
978 of the criteria in s. 903.046, and any other relevant facts,
979 that no conditions of release or bail will reasonably protect
980 the community from risk of physical harm, ensure the presence of
981 the defendant at trial, or assure the integrity of the judicial
982 process, the court must order pretrial detention.
983 (g)1. If a motion for pretrial detention is granted
984 required under paragraph (d), the pretrial detention hearing
985 must be held within 5 days after the defendant’s first
986 appearance hearing or, if there is no first appearance hearing,
987 within 5 days after the defendant’s arraignment.
988 2. If a state attorney files a motion for pretrial
989 detention under paragraph (c), the pretrial detention hearing
990 must be held within 5 days after the filing of such motion.
991 3. The defendant may request a continuance of a pretrial
992 detention hearing. No continuance shall be for longer than 5
993 days unless there are extenuating circumstances. The state
994 attorney shall be entitled to one continuance for good cause.
995 4. The defendant may be detained pending the completion of
996 the pretrial detention hearing. If a defendant is released on
997 bail pending a pretrial detention hearing under paragraph (d),
998 the court must inform the defendant that if he or she uses a
999 surety bond to meet the monetary component of pretrial release
1000 and the motion for pretrial detention is subsequently granted,
1001 the defendant will not be entitled to the return of the premium
1002 on such surety bond.
1003 Section 21. Subsection (4) of section 648.45, Florida
1004 Statutes, is amended to read:
1005 648.45 Actions against a licensee; suspension or revocation
1006 of eligibility to hold a license.—
1007 (4) A Any licensee found to have violated s. 648.44(1)(b),
1008 (e), or (j) s. 648.44(1)(b), (d), or (i) shall, at a minimum, be
1009 suspended for a period of 3 months. A greater penalty, including
1010 revocation, must shall be imposed if there is a willful or
1011 repeated violation of s. 648.44(1)(b), (e), or (j) s.
1012 648.44(1)(b), (d), or (i), or the licensee has committed other
1013 violations of this chapter.
1014 Section 22. For the purpose of incorporating the amendment
1015 made by this act to section 648.386, Florida Statutes, in
1016 references thereto, subsections (2) and (3) of section 626.2816,
1017 Florida Statutes, are reenacted to read:
1018 626.2816 Regulation of continuing education for licensees,
1019 course providers, instructors, school officials, and monitor
1020 groups.—
1021 (2) The department shall adopt rules establishing standards
1022 for the approval, regulation, and operation of the continuing
1023 education programs and for the discipline of licensees, course
1024 providers, instructors, school officials, and monitor groups.
1025 The standards must be designed to ensure that such course
1026 providers, instructors, school officials, and monitor groups
1027 have the knowledge, competence, and integrity to fulfill the
1028 educational objectives of ss. 626.2815, 626.869, 648.385, and
1029 648.386.
1030 (3) The department shall adopt rules establishing a process
1031 by which compliance with the continuing education requirements
1032 of ss. 626.2815, 626.869, 648.385, and 648.386 can be
1033 determined, the establishment of a continuing education
1034 compliance period for licensees, and forms necessary to
1035 implement such a process.
1036 Section 23. For the purpose of incorporating the amendment
1037 made by this act to section 903.046, Florida Statutes, in a
1038 reference thereto, paragraph (c) of subsection (1) of section
1039 903.047, Florida Statutes, is reenacted to read:
1040 903.047 Conditions of pretrial release.—
1041 (1) As a condition of pretrial release, whether such
1042 release is by surety bail bond or recognizance bond or in some
1043 other form, the defendant must:
1044 (c) Comply with all conditions of pretrial release imposed
1045 by the court. A court must consider s. 903.046(2) when
1046 determining whether to impose nonmonetary conditions in addition
1047 to or in lieu of monetary bond. Such nonmonetary conditions may
1048 include, but are not limited to, requiring a defendant to:
1049 1. Maintain employment, or, if unemployed, actively seek
1050 employment.
1051 2. Maintain or commence an educational program.
1052 3. Abide by specified restrictions on personal
1053 associations, place of residence, or travel.
1054 4. Report on a regular basis to a designated law
1055 enforcement agency, pretrial services agency, or other agency.
1056 5. Comply with a specified curfew.
1057 6. Refrain from possessing a firearm, destructive device,
1058 or other dangerous weapon.
1059 7. Refrain from excessive use of alcohol, or any use of a
1060 narcotic drug or other controlled substance without a
1061 prescription from a licensed medical practitioner.
1062 8. Undergo available medical, psychological, psychiatric,
1063 mental health, or substance abuse evaluation and follow all
1064 recommendations, including treatment for drug or alcohol
1065 dependency, and remain in a specified institution, if required
1066 for that purpose.
1067 9. Return to custody for specified hours following release
1068 for employment, school, or other limited purposes.
1069 10. Any other condition that is reasonably necessary to
1070 assure the appearance of the defendant at subsequent proceedings
1071 and to protect the community against unreasonable danger of
1072 harm.
1073 Section 24. For the purpose of incorporating the amendment
1074 made by this act to section 903.09, Florida Statutes, in a
1075 reference thereto, subsection (2) of section 903.286, Florida
1076 Statutes, is reenacted to read:
1077 903.286 Return of cash bond; requirement to withhold unpaid
1078 fines, fees, court costs; cash bond forms.—
1079 (2) All cash bond forms used in conjunction with the
1080 requirements of s. 903.09 must prominently display a notice
1081 explaining that all funds are subject to forfeiture and
1082 withholding by the clerk of the court for the payment of costs
1083 of prosecution, costs of representation as provided by ss. 27.52
1084 and 938.29, court fees, court costs, and criminal penalties on
1085 behalf of the criminal defendant regardless of who posted the
1086 funds.
1087 Section 25. This act shall take effect July 1, 2026.