Senate Bill sb1622

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1622

    By Senator Saunders





    25-701-02                                           See HB 815

  1                      A bill to be entitled

  2         An act relating to bail bonds; amending s.

  3         903.045, F.S.; providing for costs for services

  4         by the clerk of the court; amending s. 903.26,

  5         F.S.; limiting circumstances under which the

  6         court may order discharge of a forfeiture;

  7         requiring that certain written factual findings

  8         be included in said orders; amending s. 903.28,

  9         F.S.; requiring remission to be paid by the

10         county within a specified time period;

11         requiring payment of interest on remission

12         under certain circumstances; providing an

13         effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 903.045, Florida Statutes, is

18  amended to read:

19         903.045  Nature of criminal surety bail bonds; costs

20  for services.--

21         (1)  It is the public policy of this state and the

22  intent of the Legislature that a criminal surety bail bond,

23  executed by a bail bond agent licensed pursuant to chapter 648

24  in connection with the pretrial or appellate release of a

25  criminal defendant, shall be construed as a commitment by and

26  an obligation upon the bail bond agent to ensure that the

27  defendant appears at all subsequent criminal proceedings and

28  otherwise fulfills all conditions of the bond. The failure of

29  a defendant to appear at any subsequent criminal proceeding or

30  the breach by the defendant of any other condition of the bond

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1622
    25-701-02                                           See HB 815




  1  constitutes a breach by the bail bond agent of this commitment

  2  and obligation.

  3         (2)  Costs for services by the clerk of a circuit or a

  4  county court, whether required by law or as a result of a

  5  request by the parties, as a consequence of the defendant's

  6  failure to appear or by otherwise failing to fulfill the

  7  conditions of the bond, shall be charged to the bail bond

  8  agent as provided in ss. 28.24 and 34.041.

  9         Section 2.  Subsection (6) of section 903.26, Florida

10  Statutes, is amended to read:

11         903.26  Forfeiture of the bond; when and how directed;

12  discharge; how and when made; effect of payment.--

13         (6)  The discharge of a forfeiture by the court shall

14  not be ordered for any reason other than as specified in

15  paragraph (2)(b) and paragraphs (5)(a) and (b) herein. The

16  court shall include written factual findings in all orders for

17  discharge.

18         Section 3.  Subsection (9) is added to section 903.28,

19  Florida Statutes, to read:

20         903.28  Remission of forfeiture; conditions.--

21         (9)  The county shall within 45 days after the receipt

22  of the order from the court directing remission pay the amount

23  of the remission. If payment is not made within 45 days,

24  interest on the amount of the remission shall be paid at the

25  statutory rate of interest from the date of the order

26  directing bond remission.

27         Section 4.  This act shall take effect July 1, 2002.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1622
    25-701-02                                           See HB 815




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  2                          HOUSE SUMMARY

  3
      Revises provisions relating to bail bonds. Provides for
  4    costs for services by the clerk of the court in criminal
      proceedings when the defendant fails to appear. Limits
  5    circumstances under which the court may order discharge
      of a forfeiture. Requires that certain written factual
  6    findings be included in said orders. Requires remission
      to be paid by the county within a specified time period.
  7    Requires payment of interest on remission under certain
      circumstances.
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CODING: Words stricken are deletions; words underlined are additions.