Florida Senate - 2026                       CS for CS for SB 600
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Criminal Justice; and Senator Truenow
       
       
       
       
       604-02976-26                                           2026600c2
    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.; defining the term “in-person classroom
    5         instruction”; decreasing the duration of in-person
    6         classroom-instruction basic certification courses
    7         required to be considered for approval and
    8         certification as an approved limited surety agent and
    9         professional bail bond agent prelicensing school;
   10         amending s. 648.44, F.S.; authorizing bail bond agents
   11         and agencies to accept certain fees or charges;
   12         prohibiting virtual bail bond offices; amending s.
   13         903.011, F.S.; requiring, rather than authorizing,
   14         that any monetary or cash component of any form of
   15         pretrial release be met by specified means; amending
   16         s. 903.046, F.S.; revising the criteria that a court
   17         must consider in making specified determinations;
   18         prohibiting a surety bond that has been revoked from
   19         being reinstated without written authorization;
   20         amending s. 903.0471, F.S.; requiring the clerk of the
   21         court, upon the court’s entry of an order to revoke
   22         pretrial release and order pretrial detention in
   23         certain circumstances, to discharge any bond
   24         previously posted as a condition of pretrial release
   25         without further order of the court; amending s.
   26         903.05, F.S.; deleting the requirement that a surety
   27         own certain real estate as a qualification for the
   28         release of a person on bail; repealing s. 903.08,
   29         F.S., relating to sufficiency of sureties; amending s.
   30         903.09, F.S.; requiring sureties, other than bail bond
   31         agents, to justify their suretyship by attaching to
   32         the bond United States currency, a United States
   33         postal money order, or a cashier’s check in the amount
   34         of the bond; providing that such currency, money
   35         order, or cashier’s check may not be used to secure
   36         more than one bond; deleting the requirement that a
   37         surety execute an affidavit providing certain
   38         information; amending s. 903.101, F.S.; revising the
   39         requirements that sureties must meet to have equal
   40         access to jails for making bonds; amending s. 903.16,
   41         F.S.; authorizing a defendant who has been admitted to
   42         bail, or another person on the defendant’s behalf, to
   43         deposit with the official authorized to take bail
   44         money an amount equal to the bail amount set in the
   45         court order; requiring, rather than authorizing, the
   46         sheriff or other officials to remit to the clerk money
   47         or bonds received which are to be held by the clerk
   48         pending court action; requiring that a deposit of bail
   49         money be receipted in the name of the person making
   50         such a deposit unless the depositor is a charitable
   51         bail fund; deleting a provision stating that consent
   52         is conclusively presumed for the clerk of the circuit
   53         court to sell bonds deposited as bail after forfeiture
   54         of the bond; repealing s. 903.17, F.S., relating to
   55         substitution of cash bail for other bail; amending s.
   56         903.21, F.S.; specifying that the surety is exonerated
   57         of liability on a bond if a specified determination is
   58         made before forfeiture of the bond; revising the
   59         definition of the term “costs and expenses”; amending
   60         s. 903.26, F.S.; requiring that a signed certification
   61         containing certain information must accompany or be
   62         included on a specified notice; deleting a requirement
   63         that municipal officials having custody of forfeited
   64         money deposit such money in a designated municipal
   65         fund within 60 days after the forfeiture notice has
   66         been mailed or electronically transmitted; deleting
   67         certain requirements that must be met when bonds are
   68         forfeited; revising the circumstances under which the
   69         court is required to discharge a forfeiture within a
   70         specified timeframe; requiring the sheriff to enter
   71         the information of a defendant in the National Crime
   72         Information Center database for each felony warrant
   73         that a court issues for failure to appear; specifying
   74         circumstances under which the clerk must discharge a
   75         forfeiture and issue a certain notice to the surety
   76         without further order of the court; amending s.
   77         903.27, F.S.; requiring the clerk of the circuit court
   78         to enter a certain judgment if the forfeiture is not
   79         paid or discharged by order of a court of competent
   80         jurisdiction within 60 days after the forfeiture
   81         notice has been mailed or electronically transmitted;
   82         reducing the number of days within which the clerk
   83         must furnish specified information to the Department
   84         of Financial Services, the Office of Insurance
   85         Regulation of the Financial Services Commission, and
   86         the surety company at its home office; amending s.
   87         903.28, F.S.; increasing the amount of time within
   88         which a court must order remission of a forfeiture if
   89         it determines that there was no breach of the bond by
   90         the surety; requiring a court, in certain
   91         circumstances and upon a certain motion, to order
   92         remission in accordance with specified provisions if a
   93         defendant surrenders, is deceased, or is apprehended
   94         within a certain time after forfeiture; deleting
   95         provisions relating to the ordering of remission under
   96         specified circumstances; decreasing the amount of time
   97         for which the clerk of the circuit court and the state
   98         attorney must be given notice before a certain hearing
   99         and be furnished with copies of certain documents;
  100         requiring the clerk of the circuit court to issue a
  101         remission in a specified manner; providing that the
  102         court may order remission of the forfeiture in certain
  103         circumstances; amending s. 903.29, F.S.; increasing
  104         the length of time from the date of forfeiture of a
  105         bond within which a surety may arrest the principal;
  106         amending s. 903.31, F.S.; revising provisions relating
  107         to the ordering of a bond cancellation; revising
  108         applicability; defining the term “revoked”; specifying
  109         that the original appearance bond does not guarantee a
  110         sentencing deferral, a delayed sentencing, or an
  111         appearance after entering a plea agreement; specifying
  112         that the clerk does not have standing under certain
  113         provisions to object to a reinstatement of a bond;
  114         repealing s. 903.36, F.S., relating to guaranteed
  115         arrest bond certificates as cash bail; reenacting and
  116         amending s. 907.041, F.S.; requiring that a certain
  117         pretrial release service certification be made in
  118         writing before the defendant is released from custody;
  119         revising the definition of the term “dangerous crime”;
  120         authorizing, rather than requiring, the state attorney
  121         or the court on its own motion, to move for pretrial
  122         detention if a defendant is arrested for certain
  123         dangerous crimes and the court makes a certain
  124         determination; reenacting s. 626.2816(2) and (3),
  125         F.S., relating to regulation of continuing education
  126         for licensees, course providers, instructors, school
  127         officials, and monitor groups, to incorporate the
  128         amendment made to s. 648.386, F.S., in references
  129         thereto; reenacting s. 903.047(1)(c), F.S., relating
  130         to conditions of pretrial release, to incorporate the
  131         amendment made to s. 903.046, F.S., in a reference
  132         thereto; reenacting s. 903.286(2), F.S., relating to
  133         cash bond forms, to incorporate the amendment made to
  134         s. 903.09, F.S., in a reference thereto; providing an
  135         effective date.
  136          
  137  Be It Enacted by the Legislature of the State of Florida:
  138  
  139         Section 1. Subsection (12) is added to section 648.25,
  140  Florida Statutes, to read:
  141         648.25 Definitions.—As used in this chapter, the term:
  142         (12)“Virtual office” means an office that does not provide
  143  a continuous physical office space and provides professional
  144  address and mail handling services and which may, upon request,
  145  provide communications and telephone services or a dedicated
  146  office space.
  147         Section 2. Subsection (1) and paragraph (a) of subsection
  148  (2) of section 648.386, Florida Statutes, are amended to read:
  149         648.386 Qualifications for prelicensing and continuing
  150  education schools and instructors.—
  151         (1) DEFINITIONS DEFINITION OF “CLASSROOM INSTRUCTION”.—As
  152  used in this section, the term:
  153         (a) “Classroom instruction” means a course designed to be
  154  presented to a group of students by a live instructor using
  155  lecture, video, webcast, or virtual or other audio-video
  156  presentation.
  157         (b) “In-person classroom instruction” means a course
  158  designed to be presented to a group of students by a live
  159  instructor using lectures, with the instructor and students in
  160  the same physical classroom at the same time.
  161         (2) SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In
  162  order to be considered for approval and certification as an
  163  approved limited surety agent and professional bail bond agent
  164  prelicensing school, such entity must:
  165         (a)1. Offer a minimum of two 80-hour in-person 120-hour
  166  classroom-instruction basic certification courses in the
  167  criminal justice system per calendar year unless a reduced
  168  number of course offerings per calendar year is warranted in
  169  accordance with rules adopted promulgated by the department; or
  170         2. Offer a department-approved correspondence course
  171  pursuant to department rules.
  172         Section 3. Paragraph (j) of subsection (1) and subsection
  173  (4) of section 648.44, Florida Statutes, are amended to read:
  174         648.44 Prohibitions; penalty.—
  175         (1) A bail bond agent or bail bond agency may not:
  176         (j) Accept anything of value from a principal for providing
  177  a bail bond aside from except the premium, a credit card
  178  merchant processing fee, or a mobile payment services fee or
  179  similar charge which must be separate from and not considered
  180  premium, and a transfer fee authorized by the office, except
  181  that the bail bond agent or bail bond agency may accept
  182  collateral security or other indemnity from the principal or
  183  another person in accordance with s. 648.442, together with
  184  documentary stamp taxes, if applicable. No fees, expenses, or
  185  charges of any kind shall be permitted to be deducted from the
  186  collateral held or any return premium due, except as authorized
  187  by this chapter or rule of the department or commission. Upon
  188  written agreement with another party, a bail bond agent or bail
  189  bond agency may, upon written agreement with another party,
  190  receive a fee or compensation for returning to custody an
  191  individual who has fled the jurisdiction of the court or caused
  192  the forfeiture of a bond.
  193         (4) A place of business, including a branch office, may not
  194  be established, opened, or maintained unless it is under the
  195  active full-time charge of a licensed and appointed bail bond
  196  agent. A virtual bail bond office is prohibited.
  197         Section 4. Subsection (2) of section 903.011, Florida
  198  Statutes, is amended to read:
  199         903.011 Pretrial release; general terms; statewide uniform
  200  bond schedule.—
  201         (2) Any monetary or cash component of any form of pretrial
  202  release must may be met by a surety bond or by United States
  203  currency, a United States postal money order, or a cashier’s
  204  check in the amount of the bond.
  205         Section 5. Paragraph (d) of subsection (2) of section
  206  903.046, Florida Statutes, is amended to read:
  207         903.046 Purpose of and criteria for bail determination.—
  208         (2) When determining whether to release a defendant on bail
  209  or other conditions, and what that bail or those conditions may
  210  be, the court shall consider:
  211         (d) The defendant’s past and present conduct, including any
  212  record of convictions, previous flight to avoid prosecution, or
  213  failure to appear at court proceedings. However, any defendant
  214  who had failed to appear on the day of any required court
  215  proceeding in the case at issue, but who had later voluntarily
  216  appeared or surrendered, is not shall not be eligible for a
  217  recognizance bond; and any defendant who failed to appear on the
  218  day of any required court proceeding in the case at issue and
  219  who was later arrested is not shall not be eligible for a
  220  recognizance bond or for any form of bond which does not require
  221  the greater of a monetary undertaking or commitment equal to or
  222  greater than $2,000 or twice the value of the monetary
  223  commitment or undertaking of the original bond, whichever is
  224  greater. Notwithstanding anything in this section, the court has
  225  discretion in determining conditions of release if the defendant
  226  proves circumstances beyond his or her control for the failure
  227  to appear. A surety bond that has been revoked may not be
  228  reinstated without written authorization from the bail bond
  229  agent, bail bond agency, or surety. This section may not be
  230  construed as imposing additional duties or obligations on a
  231  governmental entity related to monetary bonds.
  232         Section 6. Section 903.0471, Florida Statutes, is amended
  233  to read:
  234         903.0471 Violation of condition of pretrial release.
  235  Notwithstanding s. 907.041, a court may, on its own motion,
  236  revoke pretrial release and order pretrial detention if the
  237  court finds probable cause to believe that the defendant
  238  committed a new crime while on pretrial release or violated any
  239  other condition of pretrial release in a material respect. Upon
  240  entry of such an order to revoke pretrial release and order
  241  pretrial detention, other than for a failure to appear, the
  242  clerk of the court shall discharge any bond previously posted as
  243  a condition of pretrial release without further order of the
  244  court.
  245         Section 7. Section 903.05, Florida Statutes, is amended to
  246  read:
  247         903.05 Qualification of sureties.—A surety for the release
  248  of a person on bail, other than a company authorized by law to
  249  act as a surety, shall be a resident of the state or own real
  250  estate within the state.
  251         Section 8. Section 903.08, Florida Statutes, is repealed.
  252         Section 9. Subsection (1) of section 903.09, Florida
  253  Statutes, is amended to read:
  254         903.09 Justification of sureties.—
  255         (1) A surety, other than a bail bond agent as defined in s.
  256  648.25, shall justify his or her suretyship by attaching to the
  257  bond United States currency, a United States postal money order,
  258  or a cashier’s check in the amount of the bond; however, the
  259  United States currency, United States postal money order, or
  260  cashier’s check may not be used to secure more than one bond
  261  execute an affidavit stating that she or he possesses the
  262  qualifications and net worth required to become a surety. The
  263  affidavit shall describe the surety’s property and any
  264  encumbrances and shall state the number and amount of any bonds
  265  entered into by the surety at any court that remain
  266  undischarged.
  267         Section 10. Section 903.101, Florida Statutes, is amended
  268  to read:
  269         903.101 Sureties; licensed persons; to have equal access.
  270  Subject to rules adopted by the Department of Financial Services
  271  and by the Financial Services Commission, every surety who meets
  272  the requirements of s. 903.09, ss. 903.05, 903.06, 903.08, and
  273  903.09, and every person who is currently licensed by the
  274  Department of Financial Services and registered as required by
  275  s. 648.42 must shall have equal access to the jails of this
  276  state for the purpose of making bonds.
  277         Section 11. Section 903.16, Florida Statutes, is amended to
  278  read:
  279         903.16 Deposit of money or bonds as bail.—
  280         (1) A defendant who has been admitted to bail, or another
  281  person in the defendant’s behalf, may deposit with the official
  282  authorized to take bail money an amount equal to the bail amount
  283  set in the court order or nonregistered bonds of the United
  284  States, the state, or a city, town, or county in the state,
  285  equal in market value to the amount set in the order and the
  286  personal bond of the defendant and an undertaking by the
  287  depositor if the money or bonds are deposited by another. The
  288  sheriff or other officials shall may remit money or bonds
  289  received by to the clerk to be held by the clerk pending court
  290  action or return to the defendant or depositor. The clerk shall
  291  accept money or bonds remitted by the sheriff.
  292         (2) A deposit under subsection (1) must be receipted in the
  293  name of the person making the deposit, unless such deposit is
  294  made by a charitable bail fund registered as a nonprofit
  295  organization under s. 501(c) of the United States Internal
  296  Revenue Code. If the deposit is made by a charitable bail fund,
  297  the deposit must be receipted in the name of the defendant
  298  Consent is conclusively presumed for the clerk of the circuit
  299  court to sell bonds deposited as bail after forfeiture of the
  300  bond.
  301         Section 12. Section 903.17, Florida Statutes, is repealed.
  302         Section 13. 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 must shall be exonerated of liability on
  306  the bond if it is determined before forfeiture breach of the
  307  bond 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. A
  310  surety is only responsible for the itemized costs and expenses
  311  incurred for the transport of a defendant to whom he or she has
  312  a fiduciary duty and is not liable for the costs and expenses
  313  incurred in transporting any other defendant.
  314         (b) As used in For purposes of this subsection, the term:
  315         1. “Costs and expenses” means the prorated salary of any
  316  law enforcement officer or employee of a contracted
  317  transportation company as well as the actual expenses of
  318  transporting each defendant, which may only consist of mileage,
  319  vehicle expenses, meals, and, if necessary, overnight lodging
  320  for any law enforcement officer or employee of a contracted
  321  transportation company and the defendant.
  322         2. “Jurisdiction” means the county from which the defendant
  323  was released on bail.
  324         Section 14. Section 903.26, Florida Statutes, is amended to
  325  read:
  326         903.26 Forfeiture of the bond; when and how directed;
  327  discharge; how and when made; effect of payment.—
  328         (1) A bail bond may shall not be forfeited unless:
  329         (a) The information, indictment, or affidavit was filed
  330  within 6 months after from the date of arrest, and
  331         (b) The clerk of the court gave the surety at least 72
  332  hours’ notice, exclusive of Saturdays, Sundays, and holidays,
  333  before the time of the required appearance of the defendant.
  334  Notice is shall not be necessary if the time for appearance is
  335  within 72 hours after from the time of arrest, or if the time is
  336  stated on the bond. Such notice may be mailed or electronically
  337  transmitted. A certification signed by the clerk of the court or
  338  the clerk’s designee that the notice required under this
  339  paragraph was mailed or electronically transmitted on a specific
  340  date must accompany or be included on the required notice.
  341         (2)(a) If there is a failure of the defendant to appear as
  342  required, the court must shall declare the bond and any bonds or
  343  money deposited as bail forfeited. The clerk of the court shall
  344  mail or electronically transmit a notice to the surety agent,
  345  bail bond agency, and surety company within 5 days after the
  346  forfeiture. A certificate signed by the clerk of the court or
  347  the clerk’s designee which certifies, certifying that the notice
  348  required under this section herein was mailed or electronically
  349  transmitted on a specified date and which is accompanied by a
  350  copy of the required notice constitutes, shall constitute
  351  sufficient proof that such mailing or electronic transmission
  352  was properly accomplished as required in this paragraph
  353  indicated therein. If such mailing or electronic transmission
  354  was properly accomplished as evidenced by such certificate, the
  355  failure of the surety agent, a bail bond agency, of a company,
  356  or of a defendant to receive such notice does shall not
  357  constitute a defense to such forfeiture and may shall not be
  358  grounds for discharge, remission, reduction, set aside, or
  359  continuance of such forfeiture. The forfeiture must shall be
  360  paid within 60 days after the date the notice was mailed or
  361  electronically transmitted.
  362         (b) If Failure of the defendant fails to appear at the
  363  time, date, and place of required appearance, shall result in
  364  forfeiture of the bond is forfeited. Such forfeiture must shall
  365  be automatically entered by the clerk upon such failure to
  366  appear, and the clerk shall follow the procedures in paragraph
  367  (a). However, the court may determine, in its discretion and, in
  368  the interest of justice, that an appearance by the defendant on
  369  the same day as required day does not warrant forfeiture of the
  370  bond,; and the court may direct the clerk to set aside any such
  371  forfeiture which may have been entered. Any appearance by the
  372  defendant later than the required day constitutes forfeiture of
  373  the bond, and the court may shall not preclude entry of such
  374  forfeiture by the clerk.
  375         (c) If there is a forfeiture of the bond, the clerk must
  376  shall provide, upon request, a certified copy of the warrant or
  377  capias to the bail bond agent or surety company.
  378         (3) Sixty days after the forfeiture notice has been mailed
  379  or electronically transmitted:
  380         (a) State and county officials having custody of forfeited
  381  money shall deposit the money in the fine and forfeiture fund
  382  established pursuant to s. 142.01.
  383         (b)Municipal officials having custody of forfeited money
  384  shall deposit the money in a designated municipal fund.
  385         (b)(c) Officials having custody of bonds as authorized by
  386  s. 903.16 shall transmit the bonds to the clerk of the circuit
  387  court who shall sell them at market value and disburse the
  388  proceeds as provided in paragraph (a) paragraphs (a) and (b).
  389         (4)(a)When a bond is forfeited, the clerk shall transmit
  390  the bond and any affidavits to the clerk of the circuit court in
  391  which the bond and affidavits are filed. The clerk of the
  392  circuit court shall record the forfeiture in the deed or
  393  official records book. If the undertakings and affidavits
  394  describe real property in another county, the clerk shall
  395  transmit the bond and affidavits to the clerk of the circuit
  396  court of the county where the property is located who shall
  397  record and return them.
  398         (b)The bond and affidavits shall be a lien on the real
  399  property they describe from the time of recording in the county
  400  where the property is located for 2 years or until the final
  401  determination of an action instituted thereon within a 2-year
  402  period. If an action is not instituted within 2 years from the
  403  date of recording, the lien shall be discharged. The lien will
  404  be discharged 2 years after the recording even if an action was
  405  instituted within 2 years unless a lis pendens notice is
  406  recorded in the action.
  407         (4)(5) The court shall discharge a forfeiture within 60
  408  days after the forfeiture notice was mailed or electronically
  409  transmitted upon any of the following:
  410         (a) A determination that, due to circumstances beyond the
  411  defendant’s control, it was impossible for the defendant to
  412  appear as required or within 60 days after the date of the
  413  required appearance due to circumstances beyond the defendant’s
  414  control. The potential adverse economic consequences of
  415  appearing as required may not be considered as constituting a
  416  ground for such a determination.;
  417         (b) A determination that, at the time of the required
  418  appearance or within 60 days after the date of the required
  419  appearance, the defendant was confined in an institution or
  420  hospital; was confined in any county, state, federal, or
  421  immigration detention facility; was deported; or is deceased.;
  422         (c) Surrender or arrest of the defendant at the time of the
  423  required appearance or within 60 days after the date of the
  424  required appearance in any county, state, or federal jail or
  425  prison and upon a hold being placed to return the defendant to
  426  the jurisdiction of the court. The court shall condition a
  427  discharge or remission on the payment of costs and the expenses
  428  as provided in s. 903.21(3), incurred by an official in
  429  returning the defendant to the jurisdiction of the court.; or
  430         (d) A determination that the state is unwilling to seek
  431  extradition of the fugitive defendant within 10 30 days after a
  432  written request by the surety agent to do so, and contingent
  433  upon the surety agent’s consent to pay all costs and the
  434  expenses incurred by an official in returning the defendant to
  435  the jurisdiction of the court, as provided in s. 903.21(3), up
  436  to the penal amount of the bond.
  437         (5)For each felony warrant that a court issues for a
  438  failure to appear in court, the sheriff shall enter the
  439  information of the defendant in the National Crime Information
  440  Center database, with no restrictions until the defendant has
  441  been returned to the jurisdiction of the court.
  442         (6) The discharge of a forfeiture may shall not be ordered
  443  for any reason other than as specified herein.
  444         (7) The payment by a surety of a forfeiture under this law
  445  has shall have the same effect on the bond as payment of a
  446  judgment.
  447         (8) If the defendant is arrested and returned to the county
  448  of jurisdiction of the court or has posted a new bond for the
  449  case at issue before judgment, the clerk must, upon affirmation
  450  by the sheriff or the chief correctional officer and, shall,
  451  without further hearing or order of the court, discharge the
  452  forfeiture of the bond. However, if the surety agent fails to
  453  pay the costs and expenses incurred in returning the defendant
  454  to the county of jurisdiction, the clerk may shall not discharge
  455  the forfeiture of the bond. If the surety agent and the sheriff
  456  fail to agree on the amount of such said costs, then the court
  457  must, after notice to the sheriff and the state attorney, shall
  458  determine the amount of the costs.
  459         (9)If, after forfeiture of a bond, the criminal charges
  460  for which the bond guaranteed appearance are resolved,
  461  adjudicated, or otherwise disposed of by any action of the court
  462  or state, the clerk must discharge the forfeiture and issue such
  463  notice to the surety without further order of the court. If such
  464  resolution or disposition occurs after payment of a forfeiture
  465  or judgment, remission must be granted upon proper motion and as
  466  specified under s. 903.28.
  467         Section 15. Section 903.27, Florida Statutes, is amended to
  468  read:
  469         903.27 Forfeiture to judgment.—
  470         (1) If the forfeiture is not paid or discharged by order of
  471  a court of competent jurisdiction within 60 days after the
  472  forfeiture notice has been mailed or electronically transmitted
  473  and the bond is secured other than by money and bonds authorized
  474  in s. 903.16, the clerk of the circuit court for the county
  475  where the order was made must shall enter a judgment against the
  476  surety for the amount of the penalty and issue execution.
  477  However, in any case in which the bond forfeiture has been
  478  discharged by the court of competent jurisdiction conditioned
  479  upon the payment by the surety of certain costs or fees as
  480  allowed by statute, the amount for which judgment may be entered
  481  may not exceed the amount of the unpaid fees or costs upon which
  482  the discharge had been conditioned. Judgment for the full amount
  483  of the forfeiture may shall not be entered if payment of a
  484  lesser amount will satisfy the conditions to discharge the
  485  forfeiture. Within 5 10 days, the clerk shall furnish the
  486  Department of Financial Services and the Office of Insurance
  487  Regulation of the Financial Services Commission with a certified
  488  copy of the judgment docket and shall furnish the surety company
  489  at its home office a copy of the judgment, which must shall
  490  include the power of attorney number of the bond and the name of
  491  the executing agent. If the judgment is not paid within 35 days,
  492  the clerk must shall furnish the Department of Financial
  493  Services, the Office of Insurance Regulation, and the sheriff of
  494  the county in which the bond was executed, or the official
  495  responsible for operation of the county jail, if that official
  496  is not other than the sheriff, two copies of the judgment and a
  497  certificate stating that the judgment remains unsatisfied. When
  498  and if the judgment is properly paid or an order to vacate the
  499  judgment has been entered by a court of competent jurisdiction,
  500  the clerk shall immediately notify the sheriff, or other such
  501  the official responsible for the operation of the county jail,
  502  if other than the sheriff, and, if they have been previously
  503  notified of nonpayment, the Department of Financial Services and
  504  the Office of Insurance Regulation, if the department and office
  505  had been previously notified of nonpayment, of such payment or
  506  order to vacate the judgment. The clerk may furnish documents or
  507  give notice as required in this subsection by mail or electronic
  508  means. The clerk shall also immediately prepare and record in
  509  the public records a satisfaction of the judgment or record the
  510  order to vacate judgment. If the defendant is returned to the
  511  county of jurisdiction of the court, whenever a motion to set
  512  aside the judgment is filed, the operation of this section is
  513  tolled until the court makes a disposition of the motion.
  514         (2) A certificate signed by the clerk of the court or her
  515  or his designee which certifies, certifying that the notice
  516  required in subsection (1) was mailed or electronically
  517  delivered on a specified date, and is accompanied by a copy of
  518  the required notice constitutes sufficient proof that such
  519  mailing or electronic delivery was properly accomplished as
  520  required in this subsection indicated therein. If such mailing
  521  or electronic delivery was properly accomplished as evidenced by
  522  such certificate, the failure of a company to receive a copy of
  523  the judgment as prescribed in subsection (1) does not constitute
  524  a defense to the forfeiture and is not a ground for the
  525  discharge, remission, reduction, set aside, or continuance of
  526  such forfeiture.
  527         (3) Surety bail bonds may not be executed by a bail bond
  528  agent or a bail bond agency against whom a judgment has been
  529  entered which has remained unpaid for 35 days and may not be
  530  executed for a company against whom a judgment has been entered
  531  which has remained unpaid for 50 days. A No sheriff or other
  532  official who is empowered to accept or approve surety bail bonds
  533  may not shall accept or approve such a bond executed by such a
  534  bail bond agent or bail bond agency or executed for such a
  535  company until such judgment has been paid.
  536         (4) After notice of judgment against the surety given by
  537  the clerk of the circuit court, the surety, a bail bond agency,
  538  or a bail bond agent shall, within 35 days after of the entry of
  539  judgment, submit to the clerk of the circuit court an amount
  540  equal to the judgment, unless the judgment has been set aside by
  541  the court within 35 days after of the entry of the judgment. If
  542  a motion to set aside the judgment has been filed pursuant to
  543  subsection (5), the amount submitted must shall be held in
  544  escrow until such time as the court has disposed of the motion.
  545  The failure to comply with the provisions of this subsection
  546  constitutes a failure to pay the judgment.
  547         (5) After notice of judgment against the surety given by
  548  the clerk of the circuit court, the surety, bail bond agency, or
  549  bail bond agent may within 35 days file a motion to set aside
  550  the judgment or to stay the judgment. It shall be a condition of
  551  Any such motion or and of any order to stay the judgment must be
  552  conditioned on payment by that the surety of pay the amount of
  553  the judgment to the clerk, which amount must shall be held in
  554  escrow until such time as the court has disposed of the motion
  555  to set aside the judgment. The filing of such a motion, when
  556  accompanied by the required escrow deposit, acts shall act as an
  557  automatic stay of further proceedings, including execution,
  558  until the motion has been heard and a decision rendered by the
  559  court.
  560         (6) The failure of a state attorney to file, or of the
  561  clerk of the circuit court to make, a certified copy of the
  562  order of forfeiture as required by law applicable before prior
  563  to July 1, 1982, does shall not invalidate any judgment entered
  564  by the clerk before prior to June 12, 1981.
  565         Section 16. Section 903.28, Florida Statutes, is amended to
  566  read:
  567         903.28 Remission of forfeiture; conditions.—
  568         (1) No application for remission may be brought, nor be
  569  considered by the court, unless such On application is filed
  570  within 37 months after 2 years from forfeiture., Upon a timely
  571  filed application for remission, the court must shall order
  572  remission of the forfeiture in accordance with the remission
  573  schedule set forth in subsection (2) if it determines that there
  574  was no breach of the bond by the surety.
  575         (2) If the defendant surrenders or is apprehended and the
  576  surety has paid all costs of returning the defendant to the
  577  jurisdiction of the court, if the defendant is deceased, or if
  578  the state attorney is unwilling to seek extradition of the
  579  defendant from any jail or prison after a request by the surety
  580  agent, bail bond agency, or surety company consenting to pay all
  581  costs incurred by an official in returning the defendant to the
  582  jurisdiction of the court, as provided in s. 903.21(3)(a), up to
  583  the penal amount of the bond, within 36 months 90 days after
  584  forfeiture, the court must, on motion at a hearing upon notice
  585  having been given to the clerk of the circuit court and the
  586  state attorney as required in subsection (4), subsection (8),
  587  shall direct remission in accordance with the following:
  588         (a)One hundred percent of the forfeiture if the defendant
  589  surrenders or is apprehended within 90 days after the forfeiture
  590  and the delay has not thwarted proper prosecution of the
  591  defendant, or if the defendant is deceased or the state is
  592  unwilling to seek extradition of the defendant within 90 days
  593  after forfeiture.
  594         (b)Ninety-five percent of the forfeiture if the defendant
  595  surrenders or is apprehended within 180 days after forfeiture
  596  and the delay has not thwarted proper prosecution of the
  597  defendant, or if the defendant is deceased or the state is
  598  unwilling to seek extradition of the defendant within 180 days
  599  after forfeiture.
  600         (c)Ninety percent of the forfeiture if the defendant
  601  surrenders or is apprehended within 270 days after forfeiture
  602  and the delay has not thwarted proper prosecution of the
  603  defendant, or if the defendant is deceased or the state is
  604  unwilling to seek extradition of the defendant within 270 days
  605  after forfeiture.
  606         (d)Eighty-five percent of the forfeiture if the defendant
  607  surrenders or is apprehended within 360 days after forfeiture
  608  and the delay has not thwarted proper prosecution of the
  609  defendant, or if the defendant is deceased or the state is
  610  unwilling to seek extradition of the defendant within 360 days
  611  after forfeiture.
  612         (e)Eighty percent of the forfeiture if the defendant
  613  surrenders or is apprehended within 450 days after forfeiture
  614  and the delay has not thwarted proper prosecution of the
  615  defendant, or if the defendant is deceased or the state is
  616  unwilling to seek extradition of the defendant within 450 days
  617  after forfeiture.
  618         (f)Seventy-five percent of the forfeiture if the defendant
  619  surrenders or is apprehended within 540 days after forfeiture
  620  and the delay has not thwarted proper prosecution of the
  621  defendant, or if the defendant is deceased or the state is
  622  unwilling to seek extradition of the defendant within 540 days
  623  after forfeiture.
  624         (g)Seventy percent of the forfeiture if the defendant
  625  surrenders or is apprehended within 630 days after forfeiture
  626  and the delay has not thwarted proper prosecution of the
  627  defendant, or if the defendant is deceased or the state is
  628  unwilling to seek extradition of the defendant within 630 days
  629  after forfeiture.
  630         (h)Sixty-five percent of the forfeiture if the defendant
  631  surrenders or is apprehended within 720 days after forfeiture
  632  and the delay has not thwarted proper prosecution of the
  633  defendant, or if the defendant is deceased or the state is
  634  unwilling to seek extradition of the defendant within 720 days
  635  after forfeiture.
  636         (i)Sixty percent of the forfeiture if the defendant
  637  surrenders or is apprehended within 810 days after forfeiture
  638  and the delay has not thwarted proper prosecution of the
  639  defendant, or if the defendant is deceased or the state is
  640  unwilling to seek extradition of the defendant within 810 days
  641  after forfeiture.
  642         (j)Fifty-five percent of the forfeiture if the defendant
  643  surrenders or is apprehended within 900 days after forfeiture
  644  and the delay has not thwarted proper prosecution of the
  645  defendant, or if the defendant is deceased or the state is
  646  unwilling to seek extradition of the defendant within 900 days
  647  after forfeiture.
  648         (k)Fifty percent of the forfeiture if the defendant
  649  surrenders or is apprehended within 990 days after forfeiture
  650  and the delay has not thwarted proper prosecution of the
  651  defendant, or if the defendant is deceased or the state is
  652  unwilling to seek extradition of the defendant within 990 days
  653  after forfeiture.
  654         (l)Forty-five percent of the forfeiture if the defendant
  655  surrenders or is apprehended within 1095 days after forfeiture
  656  and the delay has not thwarted proper prosecution of the
  657  defendant, or if the defendant is deceased or the state is
  658  unwilling to seek extradition of the defendant within 1095 days
  659  after forfeiture of up to, but not more than, 100 percent of a
  660  forfeiture if the surety apprehended and surrendered the
  661  defendant or if the apprehension or surrender of the defendant
  662  was substantially procured or caused by the surety, or the
  663  surety has substantially attempted to procure or cause the
  664  apprehension or surrender of the defendant, and the delay has
  665  not thwarted the proper prosecution of the defendant. In
  666  addition, remission shall be granted when the surety did not
  667  substantially participate or attempt to participate in the
  668  apprehension or surrender of the defendant when the costs of
  669  returning the defendant to the jurisdiction of the court have
  670  been deducted from the remission and when the delay has not
  671  thwarted the proper prosecution of the defendant.
  672         (3)If the defendant surrenders or is apprehended within
  673  180 days after forfeiture, the court, on motion at a hearing
  674  upon notice having been given to the clerk of the circuit court
  675  and the state attorney as required in subsection (8), shall
  676  direct remission of up to, but not more than, 95 percent of a
  677  forfeiture if the surety apprehended and surrendered the
  678  defendant or if the apprehension or surrender of the defendant
  679  was substantially procured or caused by the surety, or the
  680  surety has substantially attempted to procure or cause the
  681  apprehension or surrender of the defendant, and the delay has
  682  not thwarted the proper prosecution of the defendant. In
  683  addition, remission shall be granted when the surety did not
  684  substantially participate or attempt to participate in the
  685  apprehension or surrender of the defendant when the costs of
  686  returning the defendant to the jurisdiction of the court have
  687  been deducted from the remission and when the delay has not
  688  thwarted the proper prosecution of the defendant.
  689         (4)If the defendant surrenders or is apprehended within
  690  270 days after forfeiture, the court, on motion at a hearing
  691  upon notice having been given to the clerk of the circuit court
  692  and the state attorney as required in subsection (8), shall
  693  direct remission of up to, but not more than, 90 percent of a
  694  forfeiture if the surety apprehended and surrendered the
  695  defendant or if the apprehension or surrender of the defendant
  696  was substantially procured or caused by the surety, or the
  697  surety has substantially attempted to procure or cause the
  698  apprehension or surrender of the defendant, and the delay has
  699  not thwarted the proper prosecution of the defendant. In
  700  addition, remission shall be granted when the surety did not
  701  substantially participate or attempt to participate in the
  702  apprehension or surrender of the defendant when the costs of
  703  returning the defendant to the jurisdiction of the court have
  704  been deducted from the remission and when the delay has not
  705  thwarted the proper prosecution of the defendant.
  706         (5)If the defendant surrenders or is apprehended within 1
  707  year after forfeiture, the court, on motion at a hearing upon
  708  notice having been given to the clerk of the circuit court and
  709  the state attorney as required in subsection (8), shall direct
  710  remission of up to, but not more than, 85 percent of a
  711  forfeiture if the surety apprehended and surrendered the
  712  defendant or if the apprehension or surrender of the defendant
  713  was substantially procured or caused by the surety, or the
  714  surety has substantially attempted to procure or cause the
  715  apprehension or surrender of the defendant, and the delay has
  716  not thwarted the proper prosecution of the defendant. In
  717  addition, remission shall be granted when the surety did not
  718  substantially participate or attempt to participate in the
  719  apprehension or surrender of the defendant when the costs of
  720  returning the defendant to the jurisdiction of the court have
  721  been deducted from the remission and when the delay has not
  722  thwarted the proper prosecution of the defendant.
  723         (6)If the defendant surrenders or is apprehended within 2
  724  years after forfeiture, the court, on motion at a hearing upon
  725  notice having been given to the clerk of the circuit court and
  726  the state attorney as required in subsection (8), shall direct
  727  remission of up to, but not more than, 50 percent of a
  728  forfeiture if the surety apprehended and surrendered the
  729  defendant or if the apprehension or surrender of the defendant
  730  was substantially procured or caused by the surety, or the
  731  surety has substantially attempted to procure or cause the
  732  apprehension or surrender of the defendant, and the delay has
  733  not thwarted the proper prosecution of the defendant. In
  734  addition, remission shall be granted when the surety did not
  735  substantially participate or attempt to participate in the
  736  apprehension or surrender of the defendant when the costs of
  737  returning the defendant to the jurisdiction of the court have
  738  been deducted from the remission and when the delay has not
  739  thwarted the proper prosecution of the defendant.
  740         (3)(7) The remission of a forfeiture may not be ordered for
  741  any reason other than as specified in this section herein.
  742         (4)(8) An application for remission must be accompanied by
  743  affidavits setting forth the facts on which it is founded;
  744  however, the surety must establish by further documentation or
  745  other evidence any claimed attempt at procuring or causing the
  746  apprehension or surrender of the defendant before the court may
  747  order remission based upon an attempt to procure or cause such
  748  apprehension or surrender. The clerk of the circuit court and
  749  the state attorney must be given 10 20 days’ notice before a
  750  hearing on an application and be furnished copies of all papers,
  751  applications, and affidavits. Remission must shall be granted on
  752  the condition of payment of costs, as provided in s.
  753  903.21(3)(a), unless the ground for remission is that there was
  754  no breach of the bond.
  755         (5)(9) The clerk of the circuit court may enter into a
  756  contract with a private attorney or into an interagency
  757  agreement with a governmental agency to represent the clerk of
  758  the court in an action for the remission of a forfeiture under
  759  this section.
  760         (6)(10) The clerk of the circuit court is the real party in
  761  interest for all appeals arising from an action for the
  762  remission of a forfeiture under this section.
  763         (7)The clerk of the circuit court shall issue a remission
  764  in accordance with s. 218.74(4) after entry of a court order
  765  directing remission.
  766         (8)If the defendant surrenders or is apprehended and the
  767  surety has not paid all costs of returning the defendant to the
  768  jurisdiction of court, the court may order remission of the
  769  forfeiture in accordance with subsection (2) if the actual costs
  770  of returning the defendant to the jurisdiction of the court have
  771  been deducted from the remission.
  772         Section 17. Section 903.29, Florida Statutes, is amended to
  773  read:
  774         903.29 Arrest of principal by surety after forfeiture.
  775  Within 3 2 years after from the date of forfeiture of a bond,
  776  the surety may arrest the principal for the purpose of
  777  surrendering the principal to the official in whose custody she
  778  or he was at the time bail was taken or in whose custody the
  779  principal would have been placed had she or he been committed.
  780         Section 18. Subsections (1) and (2) of section 903.31,
  781  Florida Statutes, are amended to read:
  782         903.31 Canceling the bond.—
  783         (1) Within 10 business days after the conditions of a bond
  784  have been satisfied or the forfeiture discharged or remitted,
  785  the court must shall order the bond canceled and, if the surety
  786  has attached a certificate of cancellation to the original bond,
  787  the clerk of the court must shall mail or electronically furnish
  788  an executed certificate of cancellation to the surety without
  789  cost. The clerk of the court shall discharge the bond upon an
  790  adjudication of guilt or innocence or an acquittal, or if a
  791  period of 36 months has passed since the original bond was
  792  posted., or A withholding of an adjudication of guilt, a finding
  793  of guilt by a jury, or a no action by the state satisfies shall
  794  satisfy the conditions of the bond. If the bond has been revoked
  795  by the court, other than for a failure to appear, the clerk of
  796  the court must discharge or cancel the bond. The original
  797  appearance bond expires shall expire 36 months after such bond
  798  has been posted for the release of the defendant from custody,
  799  at which time the clerk of the court must discharge the bond.
  800  This subsection does not apply to cases in which a bond has been
  801  declared forfeited before the 36-month expiration, unless the
  802  forfeiture was set aside or discharged. As used in this
  803  subsection, the term “revoked” means that an act, a statement, a
  804  document, or a promise has been annulled or canceled.
  805         (2) The original appearance bond does not guarantee a
  806  deferred sentence; a sentencing deferral; a delayed sentencing;
  807  an appearance after entering a plea agreement; an appearance
  808  during or after a presentence investigation; an appearance
  809  during or after appeals; conduct during or appearance after
  810  admission to a pretrial intervention program; placement in a
  811  court-ordered program, including a residential mental health
  812  facility; payment of fines; or attendance at educational or
  813  rehabilitation facilities the court otherwise provides in the
  814  judgment. If the original appearance bond has been forfeited or
  815  revoked, it may the bond shall not be reinstated without
  816  approval from the surety on the original bond. The clerk does
  817  not have standing under this subsection to object to a motion to
  818  reinstate bond.
  819         Section 19. Section 903.36, Florida Statutes, is repealed.
  820         Section 20. Paragraph (b) of subsection (3) and paragraphs
  821  (a), (d), and (g) of subsection (5) of section 907.041, Florida
  822  Statutes, are amended, and paragraph (c) of subsection (5) of
  823  that section is reenacted, to read:
  824         907.041 Pretrial detention and release.—
  825         (3) RELEASE ON NONMONETARY CONDITIONS.—
  826         (b) A No person may not shall be released on nonmonetary
  827  conditions under the supervision of a pretrial release service,
  828  unless the service certifies in writing to the court, before the
  829  defendant is released from custody, that it has investigated or
  830  otherwise verified:
  831         1. The circumstances of the accused’s family, employment,
  832  financial resources, character, mental condition, immigration
  833  status, and length of residence in the community;
  834         2. The accused’s record of convictions, of appearances at
  835  court proceedings, of flight to avoid prosecution, or of failure
  836  to appear at court proceedings; and
  837         3. Other facts necessary to assist the court in its
  838  determination of the indigency of the accused and whether she or
  839  he should be released under the supervision of the service.
  840         (5) PRETRIAL DETENTION.—
  841         (a) As used in this subsection, “dangerous crime” means any
  842  of the following:
  843         1. Arson.;
  844         2. Aggravated assault.;
  845         3. Aggravated battery.;
  846         4. Illegal use of explosives.;
  847         5. Child abuse or aggravated child abuse.;
  848         6. Abuse of an elderly person or disabled adult, or
  849  aggravated abuse of an elderly person or disabled adult.;
  850         7. Aircraft piracy.;
  851         8. Kidnapping.;
  852         9. Homicide.;
  853         10. Manslaughter, including DUI manslaughter and BUI
  854  manslaughter.;
  855         11. Sexual battery.;
  856         12. Robbery.;
  857         13. Carjacking.;
  858         14. Lewd, lascivious, or indecent assault or act upon or in
  859  presence of a child under the age of 16 years.;
  860         15. Sexual activity with a child, who is 12 years of age or
  861  older but less than 18 years of age, by or at solicitation of
  862  person in familial or custodial authority.;
  863         16. Burglary of a dwelling.;
  864         17. Stalking and aggravated stalking.;
  865         18. Act of domestic violence as defined in s. 741.28.;
  866         19. Home invasion robbery.;
  867         20. Act of terrorism as defined in s. 775.30.;
  868         21. Manufacturing any substances in violation of chapter
  869  893.;
  870         22. Attempting or conspiring to commit any such crime.;
  871         23. Human trafficking.;
  872         24. Trafficking in any controlled substance described in s.
  873  893.135(1)(c)4.;
  874         25. Extortion in violation of s. 836.05.; and
  875         26. Written threats to kill in violation of s. 836.10.
  876         27.Driving under the influence in violation of s.
  877  316.193(2)(b)1. or (2)(b)3.
  878         28.Felony battery.
  879         29.Battery by strangulation.
  880         (c) Upon motion by the state attorney, the court may order
  881  pretrial detention if it finds a substantial probability, based
  882  on a defendant’s past and present patterns of behavior, the
  883  criteria in s. 903.046, and any other relevant facts, that any
  884  of the following circumstances exist:
  885         1. The defendant has previously violated conditions of
  886  release and that no further conditions of release are reasonably
  887  likely to assure the defendant’s appearance at subsequent
  888  proceedings;
  889         2. The defendant, with the intent to obstruct the judicial
  890  process, has threatened, intimidated, or injured any victim,
  891  potential witness, juror, or judicial officer, or has attempted
  892  or conspired to do so, and that no condition of release will
  893  reasonably prevent the obstruction of the judicial process;
  894         3. The defendant is charged with trafficking in controlled
  895  substances as defined by s. 893.135, that there is a substantial
  896  probability that the defendant has committed the offense, and
  897  that no conditions of release will reasonably assure the
  898  defendant’s appearance at subsequent criminal proceedings;
  899         4. The defendant is charged with DUI manslaughter, as
  900  defined by s. 316.193, and that there is a substantial
  901  probability that the defendant committed the crime and that the
  902  defendant poses a threat of harm to the community; conditions
  903  that would support a finding by the court pursuant to this
  904  subparagraph that the defendant poses a threat of harm to the
  905  community include, but are not limited to, any of the following:
  906         a. The defendant has previously been convicted of any crime
  907  under s. 316.193, or of any crime in any other state or
  908  territory of the United States that is substantially similar to
  909  any crime under s. 316.193;
  910         b. The defendant was driving with a suspended driver
  911  license when the charged crime was committed; or
  912         c. The defendant has previously been found guilty of, or
  913  has had adjudication of guilt withheld for, driving while the
  914  defendant’s driver license was suspended or revoked in violation
  915  of s. 322.34;
  916         5. The defendant poses the threat of harm to the community.
  917  The court may so conclude, if it finds that the defendant is
  918  presently charged with a dangerous crime, that there is a
  919  substantial probability that the defendant committed such crime,
  920  that the factual circumstances of the crime indicate a disregard
  921  for the safety of the community, and that there are no
  922  conditions of release reasonably sufficient to protect the
  923  community from the risk of physical harm to persons;
  924         6. The defendant was on probation, parole, or other release
  925  pending completion of sentence or on pretrial release for a
  926  dangerous crime at the time the current offense was committed;
  927         7. The defendant has violated one or more conditions of
  928  pretrial release or bond for the offense currently before the
  929  court and the violation, in the discretion of the court,
  930  supports a finding that no conditions of release can reasonably
  931  protect the community from risk of physical harm to persons or
  932  assure the presence of the accused at trial; or
  933         8.a. The defendant has ever been sentenced pursuant to s.
  934  775.082(9) or s. 775.084 as a prison releasee reoffender,
  935  habitual violent felony offender, three-time violent felony
  936  offender, or violent career criminal, or the state attorney
  937  files a notice seeking that the defendant be sentenced pursuant
  938  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  939  habitual violent felony offender, three-time violent felony
  940  offender, or violent career criminal;
  941         b. There is a substantial probability that the defendant
  942  committed the offense; and
  943         c. There are no conditions of release that can reasonably
  944  protect the community from risk of physical harm or ensure the
  945  presence of the accused at trial.
  946         (d) If a defendant is arrested for a dangerous crime that
  947  is a capital felony, a life felony, or a felony of the first
  948  degree, and the court determines there is probable cause to
  949  believe the defendant committed the offense, the state attorney,
  950  or the court on its own motion, may move shall motion for
  951  pretrial detention. If the court finds a substantial probability
  952  that the defendant committed the offense and, based on the
  953  defendant’s past and present patterns of behavior, consideration
  954  of the criteria in s. 903.046, and any other relevant facts,
  955  that no conditions of release or bail will reasonably protect
  956  the community from risk of physical harm, ensure the presence of
  957  the defendant at trial, or assure the integrity of the judicial
  958  process, the court must order pretrial detention.
  959         (g)1. If a motion for pretrial detention is granted
  960  required under paragraph (d), the pretrial detention hearing
  961  must be held within 5 days after the defendant’s first
  962  appearance hearing or, if there is no first appearance hearing,
  963  within 5 days after the defendant’s arraignment.
  964         2. If a state attorney files a motion for pretrial
  965  detention under paragraph (c), the pretrial detention hearing
  966  must be held within 5 days after the filing of such motion.
  967         3. The defendant may request a continuance of a pretrial
  968  detention hearing. No continuance shall be for longer than 5
  969  days unless there are extenuating circumstances. The state
  970  attorney shall be entitled to one continuance for good cause.
  971         4. The defendant may be detained pending the completion of
  972  the pretrial detention hearing. If a defendant is released on
  973  bail pending a pretrial detention hearing under paragraph (d),
  974  the court must inform the defendant that if he or she uses a
  975  surety bond to meet the monetary component of pretrial release
  976  and the motion for pretrial detention is subsequently granted,
  977  the defendant will not be entitled to the return of the premium
  978  on such surety bond.
  979         Section 21. For the purpose of incorporating the amendment
  980  made by this act to section 648.386, Florida Statutes, in
  981  references thereto, subsections (2) and (3) of section 626.2816,
  982  Florida Statutes, are reenacted to read:
  983         626.2816 Regulation of continuing education for licensees,
  984  course providers, instructors, school officials, and monitor
  985  groups.—
  986         (2) The department shall adopt rules establishing standards
  987  for the approval, regulation, and operation of the continuing
  988  education programs and for the discipline of licensees, course
  989  providers, instructors, school officials, and monitor groups.
  990  The standards must be designed to ensure that such course
  991  providers, instructors, school officials, and monitor groups
  992  have the knowledge, competence, and integrity to fulfill the
  993  educational objectives of ss. 626.2815, 626.869, 648.385, and
  994  648.386.
  995         (3) The department shall adopt rules establishing a process
  996  by which compliance with the continuing education requirements
  997  of ss. 626.2815, 626.869, 648.385, and 648.386 can be
  998  determined, the establishment of a continuing education
  999  compliance period for licensees, and forms necessary to
 1000  implement such a process.
 1001         Section 22. For the purpose of incorporating the amendment
 1002  made by this act to section 903.046, Florida Statutes, in a
 1003  reference thereto, paragraph (c) of subsection (1) of section
 1004  903.047, Florida Statutes, is reenacted to read:
 1005         903.047 Conditions of pretrial release.—
 1006         (1) As a condition of pretrial release, whether such
 1007  release is by surety bail bond or recognizance bond or in some
 1008  other form, the defendant must:
 1009         (c) Comply with all conditions of pretrial release imposed
 1010  by the court. A court must consider s. 903.046(2) when
 1011  determining whether to impose nonmonetary conditions in addition
 1012  to or in lieu of monetary bond. Such nonmonetary conditions may
 1013  include, but are not limited to, requiring a defendant to:
 1014         1. Maintain employment, or, if unemployed, actively seek
 1015  employment.
 1016         2. Maintain or commence an educational program.
 1017         3. Abide by specified restrictions on personal
 1018  associations, place of residence, or travel.
 1019         4. Report on a regular basis to a designated law
 1020  enforcement agency, pretrial services agency, or other agency.
 1021         5. Comply with a specified curfew.
 1022         6. Refrain from possessing a firearm, destructive device,
 1023  or other dangerous weapon.
 1024         7. Refrain from excessive use of alcohol, or any use of a
 1025  narcotic drug or other controlled substance without a
 1026  prescription from a licensed medical practitioner.
 1027         8. Undergo available medical, psychological, psychiatric,
 1028  mental health, or substance abuse evaluation and follow all
 1029  recommendations, including treatment for drug or alcohol
 1030  dependency, and remain in a specified institution, if required
 1031  for that purpose.
 1032         9. Return to custody for specified hours following release
 1033  for employment, school, or other limited purposes.
 1034         10. Any other condition that is reasonably necessary to
 1035  assure the appearance of the defendant at subsequent proceedings
 1036  and to protect the community against unreasonable danger of
 1037  harm.
 1038         Section 23. For the purpose of incorporating the amendment
 1039  made by this act to section 903.09, Florida Statutes, in a
 1040  reference thereto, subsection (2) of section 903.286, Florida
 1041  Statutes, is reenacted to read:
 1042         903.286 Return of cash bond; requirement to withhold unpaid
 1043  fines, fees, court costs; cash bond forms.—
 1044         (2) All cash bond forms used in conjunction with the
 1045  requirements of s. 903.09 must prominently display a notice
 1046  explaining that all funds are subject to forfeiture and
 1047  withholding by the clerk of the court for the payment of costs
 1048  of prosecution, costs of representation as provided by ss. 27.52
 1049  and 938.29, court fees, court costs, and criminal penalties on
 1050  behalf of the criminal defendant regardless of who posted the
 1051  funds.
 1052         Section 24. This act shall take effect July 1, 2026.