| 1 | A bill to be entitled |
| 2 | An act relating to pretrial release; amending s. 903.02, |
| 3 | F.S.; providing that any judge setting or granting bail |
| 4 | shall set a separate bail amount for each charge or |
| 5 | offense; amending s. 903.046, F.S.; providing that a |
| 6 | defendant forfeits the right to a presumption in favor of |
| 7 | release on nonmonetary conditions if charged with a second |
| 8 | or subsequent felony within a certain time period; |
| 9 | amending s. 903.047, F.S.; requiring a defendant to comply |
| 10 | with all conditions of pretrial release; amending s. |
| 11 | 903.26, F.S.; providing for issuance of a capias or arrest |
| 12 | warrant for a defendant who has failed to appear; |
| 13 | providing requirements for such a capias or warrant; |
| 14 | providing for exoneration of a surety and discharge of any |
| 15 | bonds if a court fails or refuses to issue such capias or |
| 16 | arrest warrant; providing that failure of the state |
| 17 | attorney to institute extradition proceedings or extradite |
| 18 | the principal on a bail bond after the surety's written |
| 19 | agreement to pay actual transportation costs exonerates |
| 20 | the surety; amending s. 903.27, F.S; providing that in |
| 21 | cases in which the bond forfeiture has been discharged by |
| 22 | the court, the amount of the judgment may not exceed the |
| 23 | amount of the unpaid fees or costs upon which the |
| 24 | discharge had been conditioned; amending s. 903.31, F.S.; |
| 25 | providing that the clerk of court shall furnish an |
| 26 | executed certificate of cancellation to the surety; |
| 27 | providing that the original appearance bond does not |
| 28 | guarantee the defendant's conduct or appearance in court |
| 29 | under certain circumstances; providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsection (4) is added to section 903.02, |
| 34 | Florida Statutes, to read: |
| 35 | 903.02 Actions following with respect to denial; changes |
| 36 | in bail or conditions of bail or bond amount; separation by |
| 37 | charge or offense of bond prohibited; "court" defined.-- |
| 38 | (4) Any judge setting or granting monetary bail shall set |
| 39 | a separate and specific bail amount for each charge or offense. |
| 40 | When bail is posted, each charge or offense requires a separate |
| 41 | bond. |
| 42 | Section 2. Subsection (3) is added to section 903.046, |
| 43 | Florida Statutes, to read: |
| 44 | 903.046 Purpose of and criteria for bail determination.-- |
| 45 | (3) If a defendant is charged with a second or subsequent |
| 46 | felony within 3 years after the date of a prior felony charge, |
| 47 | regardless of whether a conviction was entered, the defendant |
| 48 | forfeits the right to a presumption in favor of release on |
| 49 | nonmonetary conditions as provided in s. 907.041. |
| 50 | Section 3. Subsection (1) of section 903.047, Florida |
| 51 | Statutes, is amended to read: |
| 52 | 903.047 Conditions of pretrial release.-- |
| 53 | (1) As a condition of pretrial release, whether such |
| 54 | release is by surety bail bond or recognizance bond or in some |
| 55 | other form, the defendant court shall require that: |
| 56 | (a) The defendant Refrain from criminal activity of any |
| 57 | kind.; and |
| 58 | (b) The defendant Refrain from any contact of any type |
| 59 | with the victim, except through pretrial discovery pursuant to |
| 60 | the Florida Rules of Criminal Procedure. |
| 61 | (c) Comply with all conditions of pretrial release. |
| 62 | Section 4. Subsections (1) and (5) of section 903.26, |
| 63 | Florida Statutes, are amended to read: |
| 64 | 903.26 Forfeiture of the bond; when and how directed; |
| 65 | discharge; how and when made; effect of payment.-- |
| 66 | (1)(a) A bail bond shall not be forfeited unless: |
| 67 | 1.(a) The information, indictment, or affidavit was filed |
| 68 | within 6 months from the date of arrest;, and |
| 69 | 2.(b) The clerk of court gave the surety at least 72 |
| 70 | hours' notice, exclusive of Saturdays, Sundays, and holidays, |
| 71 | before the time of the required appearance of the defendant. |
| 72 | Notice shall not be necessary if the time for appearance is |
| 73 | within 72 hours from the time of arrest, or if the time is |
| 74 | stated on the bond. |
| 75 | (b) Instant with any failure to appear by a defendant, the |
| 76 | court shall order and issue to the sheriff for execution a |
| 77 | capias or arrest warrant for the defendant who has failed to |
| 78 | appear. Such capias or warrant shall comply with the |
| 79 | requirements of s. 903.046(2)(d) and shall also require |
| 80 | extradition of the defendant when arrested in another state if |
| 81 | the original charge is a felony and require return |
| 82 | transportation of the defendant when arrested in another state |
| 83 | to the jurisdiction of the court when arrested on any case |
| 84 | within the state. If the court fails or refuses to issue such |
| 85 | capias or arrest warrant, the surety shall immediately be |
| 86 | exonerated and any bonds deposited shall be discharged by the |
| 87 | clerk of the court in compliance with s. 903.31(1). |
| 88 | (5)(a) The court shall discharge a forfeiture within 60 |
| 89 | days upon: |
| 90 | 1.(a) A determination that it was impossible for the |
| 91 | defendant to appear as required due to circumstances beyond the |
| 92 | defendant's control. The potential adverse economic consequences |
| 93 | of appearing as required shall not be considered as constituting |
| 94 | a ground for such a determination; |
| 95 | 2.(b) A determination that, at the time of the required |
| 96 | appearance, the defendant was adjudicated insane and confined in |
| 97 | an institution or hospital or was confined in a jail or prison; |
| 98 | 3.(c) Surrender or arrest of the defendant if the delay |
| 99 | has not thwarted the proper prosecution of the defendant. If the |
| 100 | forfeiture has been before discharge, the court shall direct |
| 101 | remission of the forfeiture. The court shall condition a |
| 102 | discharge or remission on the payment of costs and the expenses |
| 103 | incurred by an official in returning the defendant to the |
| 104 | jurisdiction of the court. |
| 105 | (b) Failure of the state attorney to institute extradition |
| 106 | proceedings or extradite the principal on a bail bond after the |
| 107 | surety has agreed in writing to pay actual transportation costs |
| 108 | shall exonerate the surety, and any forfeiture or judgment shall |
| 109 | be set aside or vacated and any payment by the surety of a |
| 110 | forfeiture or judgment shall be remitted in full. |
| 111 | Section 5. Subsection (1) of section 903.27, Florida |
| 112 | Statutes, is amended to read: |
| 113 | 903.27 Forfeiture to judgment.-- |
| 114 | (1) If the forfeiture is not paid or discharged by order |
| 115 | of a court of competent jurisdiction within 60 days and the bond |
| 116 | is secured other than by money and bonds authorized in s. |
| 117 | 903.16, the clerk of the circuit court for the county where the |
| 118 | order was made shall enter a judgment against the surety for the |
| 119 | amount of the penalty and issue execution. However, in any case |
| 120 | in which the bond forfeiture has been discharged by the court of |
| 121 | competent jurisdiction conditioned upon the payment by the |
| 122 | surety of certain costs or fees as allowed by statute, the |
| 123 | amount for which judgment may be entered may not exceed the |
| 124 | amount of the unpaid fees or costs upon which the discharge had |
| 125 | been conditioned. Judgment for the full amount of the forfeiture |
| 126 | shall not be entered if payment of a lesser amount will satisfy |
| 127 | the conditions to discharge the forfeiture. Within 10 days, the |
| 128 | clerk shall furnish the Department of Financial Services and the |
| 129 | Office of Insurance Regulation of the Financial Services |
| 130 | Commission with a certified copy of the judgment docket and |
| 131 | shall furnish the surety company at its home office a copy of |
| 132 | the judgment, which shall include the power of attorney number |
| 133 | of the bond and the name of the executing agent. If the judgment |
| 134 | is not paid within 35 days, the clerk shall furnish the |
| 135 | Department of Financial Services, the Office of Insurance |
| 136 | Regulation, and the sheriff of the county in which the bond was |
| 137 | executed, or the official responsible for operation of the |
| 138 | county jail, if other than the sheriff, two copies of the |
| 139 | judgment and a certificate stating that the judgment remains |
| 140 | unsatisfied. When and if the judgment is properly paid or an |
| 141 | order to vacate the judgment has been entered by a court of |
| 142 | competent jurisdiction, the clerk shall immediately notify the |
| 143 | sheriff, or the official responsible for the operation of the |
| 144 | county jail, if other than the sheriff, and the Department of |
| 145 | Financial Services and the Office of Insurance Regulation, if |
| 146 | the department and office had been previously notified of |
| 147 | nonpayment, of such payment or order to vacate the judgment. The |
| 148 | clerk shall also immediately prepare and record in the public |
| 149 | records a satisfaction of the judgment or record the order to |
| 150 | vacate judgment. If the defendant is returned to the county of |
| 151 | jurisdiction of the court, whenever a motion to set aside the |
| 152 | judgment is filed, the operation of this section is tolled until |
| 153 | the court makes a disposition of the motion. |
| 154 | Section 6. Section 903.31, Florida Statutes, is amended to |
| 155 | read: |
| 156 | 903.31 Canceling the bond.-- |
| 157 | (1) Within 10 business days after the conditions of a bond |
| 158 | have been satisfied or the forfeiture discharged or remitted, |
| 159 | the court shall order the bond shall be canceled and, if the |
| 160 | surety has attached a certificate of cancellation to the |
| 161 | original bond, the clerk of the court shall furnish an executed |
| 162 | certificate of cancellation to the surety without cost. An |
| 163 | adjudication of guilt or innocence of the defendant shall |
| 164 | satisfy the conditions of the bond. The original appearance bond |
| 165 | shall expire 36 months after such bond has been posted for the |
| 166 | release of the defendant from custody. This subsection does not |
| 167 | apply to cases in which a bond has been declared forfeited. |
| 168 | (2) The original appearance bond does shall not be |
| 169 | construed to guarantee deferred sentences, appearance during or |
| 170 | after a presentence investigation, appearance during or after |
| 171 | appeals, conduct during or appearance after admission to a |
| 172 | pretrial intervention program, payment of fines, or attendance |
| 173 | at educational or rehabilitation facilities the court otherwise |
| 174 | provides in the judgment. If the original appearance bond has |
| 175 | been forfeited or revoked, the bond shall not be reinstated |
| 176 | without approval from the surety on the original bond. |
| 177 | (3) The original appearance bond does not guarantee the |
| 178 | defendant's conduct or appearance in court at any time after: |
| 179 | (a) The defendant enters a plea of guilty or nolo |
| 180 | contendere; |
| 181 | (b) The defendant enters into an agreement for deferred |
| 182 | prosecution or agrees to enter a pretrial intervention program; |
| 183 | (c) The defendant is acquitted; |
| 184 | (d) The defendant is adjudicated guilty; |
| 185 | (e) Adjudication of guilt of the defendant is withheld; or |
| 186 | (f) The defendant is found guilty by a judge or jury. |
| 187 | (4)(3) In any case where no formal charges have been |
| 188 | brought against the defendant within 365 days after arrest, the |
| 189 | court shall order the bond canceled unless good cause is shown |
| 190 | by the state. |
| 191 | Section 7. This act shall take effect October 1, 2006. |