Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 680
       
       
       
       
       
       
                                Ì725954DÎ725954                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2017           .                                
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       The Committee on Judiciary (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 903.045, Florida Statutes, is amended to
    6  read:
    7         903.045 Nature of criminal surety bail bonds.—It is the
    8  public policy of this state and the intent of the Legislature
    9  that a criminal surety bail bond, executed by a bail bond agent
   10  licensed pursuant to chapter 648 in connection with the pretrial
   11  or appellate release of a criminal defendant, shall be construed
   12  as a commitment by and an obligation upon the bail bond agent to
   13  ensure that the defendant appears at all subsequent criminal
   14  proceedings for which the surety bond was posted. A person,
   15  corporation, company, or other entity that charges a fee or
   16  premium to facilitate the release of an accused defendant from
   17  jail through the posting of a cash or surety bail bond must be
   18  licensed pursuant to chapter 648 and otherwise fulfills all
   19  conditions of the bond. The failure of a defendant to appear at
   20  any subsequent criminal proceeding or the breach by the
   21  defendant of any other condition of the bond constitutes a
   22  breach by the bail bond agent of this commitment and obligation.
   23         Section 2. Subsections (2), (5), (6), (7), and (8) of
   24  section 903.26, Florida Statutes, are amended to read:
   25         903.26 Forfeiture of the bond; when and how directed;
   26  discharge; how and when made; effect of payment.—
   27         (2)(a) If there is a failure of the defendant to appear as
   28  required breach of the bond, the court shall declare the bond
   29  and any bonds or money deposited as bail forfeited. The clerk of
   30  the court shall mail or electronically transmit a notice to the
   31  surety agent and surety company within 5 days after the
   32  forfeiture. A certificate signed by the clerk of the court or
   33  the clerk’s designee, certifying that the notice required herein
   34  was mailed or electronically transmitted on a specified date and
   35  accompanied by a copy of the required notice, shall constitute
   36  sufficient proof that such mailing or electronic transmission
   37  was properly accomplished as indicated therein. If such mailing
   38  or electronic transmission was properly accomplished as
   39  evidenced by such certificate, the failure of the surety agent,
   40  of a company, or of a defendant to receive such notice shall not
   41  constitute a defense to such forfeiture and shall not be grounds
   42  for discharge, remission, reduction, set aside, or continuance
   43  of such forfeiture. The forfeiture shall be paid within 60 days
   44  after of the date the notice was mailed or electronically
   45  transmitted.
   46         (b) Failure of the defendant to appear at the time, date,
   47  and place of required appearance shall result in forfeiture of
   48  the bond. Such forfeiture shall be automatically entered by the
   49  clerk upon such failure to appear, and the clerk shall follow
   50  the procedures outlined in paragraph (a). However, the court may
   51  determine, in its discretion, in the interest of justice, that
   52  an appearance by the defendant on the same day as required does
   53  not warrant forfeiture of the bond; and the court may direct the
   54  clerk to set aside any such forfeiture which may have been
   55  entered. Any appearance by the defendant later than the required
   56  day constitutes forfeiture of the bond, and the court shall not
   57  preclude entry of such forfeiture by the clerk.
   58         (c) If there is a forfeiture breach of the bond, the clerk
   59  shall provide, upon request, a certified copy of the warrant or
   60  capias to the bail bond agent or surety company.
   61         (5) The court shall discharge a forfeiture within 60 days
   62  upon:
   63         (a) A determination that it was impossible for the
   64  defendant to appear as required or within 60 days after the date
   65  of the required appearance due to circumstances beyond the
   66  defendant’s control. The potential adverse economic consequences
   67  of appearing as required may shall not be considered as
   68  constituting a ground for such a determination;
   69         (b) A determination that, at the time of the required
   70  appearance or within 60 days after the date of the required
   71  appearance, the defendant was adjudicated insane and confined in
   72  an institution or hospital; or was confined in any county,
   73  state, federal, or immigration detention facility; was deported;
   74  or is deceased a jail or prison;
   75         (c) Surrender or arrest of the defendant at the time of the
   76  required appearance or within 60 days after the date of the
   77  required appearance in any county, state, or federal jail or
   78  prison and upon a hold being placed to return the defendant to
   79  the jurisdiction of the court if the delay has not thwarted the
   80  proper prosecution of the defendant. If the forfeiture has been
   81  before discharge, the court shall direct remission of the
   82  forfeiture. The court shall condition a discharge or remission
   83  on the payment of costs and the expenses incurred by an official
   84  in returning the defendant to the jurisdiction of the court; or
   85         (d)A determination that the state is unwilling to seek
   86  extradition of the fugitive defendant within 30 days after a
   87  request by the surety agent to do so, and contingent upon the
   88  surety agent’s consent to pay all costs and the expenses
   89  incurred by an official in returning the defendant to the
   90  jurisdiction of the court, up to the penal amount of the bond.
   91         (6)The discharge of a forfeiture shall not be ordered for
   92  any reason other than as specified herein.
   93         (6)(7) The payment by a surety of a forfeiture under the
   94  provisions of this law shall have the same effect on the bond as
   95  payment of a judgment.
   96         (7)(8) If the defendant is arrested and returned to the
   97  county of jurisdiction of the court or has posted a new bond for
   98  the case at issue before prior to judgment, the clerk, upon
   99  affirmation by the sheriff or the chief correctional officer,
  100  shall, without further hearing or order of the court, discharge
  101  the forfeiture of the bond. However, if the surety agent fails
  102  to pay the costs and expenses incurred in returning the
  103  defendant to the county of jurisdiction, the clerk shall not
  104  discharge the forfeiture of the bond. If the surety agent and
  105  the sheriff fail to agree on the amount of said costs, then the
  106  court, after notice to the sheriff and the state attorney, shall
  107  determine the amount of the costs.
  108         Section 3. Subsections (2), (3), (4), (5), and (6) of
  109  section 903.28, Florida Statutes, are amended to read:
  110         903.28 Remission of forfeiture; conditions.—
  111         (2) If the defendant surrenders or is apprehended within 90
  112  days after forfeiture, the court, on motion at a hearing upon
  113  notice having been given to the clerk of the circuit court and
  114  the state attorney as required in subsection (8), shall direct
  115  remission of up to, but not more than, 100 percent of a
  116  forfeiture if the surety apprehended and surrendered the
  117  defendant or if the apprehension or surrender of the defendant
  118  was substantially procured or caused by the surety, or the
  119  surety has substantially attempted to procure or cause the
  120  apprehension or surrender of the defendant, and the delay has
  121  not thwarted the proper prosecution of the defendant. In
  122  addition, remission shall be granted when the surety did not
  123  substantially participate or attempt to participate in the
  124  apprehension or surrender of the defendant when the costs of
  125  returning the defendant to the jurisdiction of the court have
  126  been deducted from the remission and when the delay has not
  127  thwarted the proper prosecution of the defendant.
  128         (3) If the defendant surrenders or is apprehended within
  129  180 days after forfeiture, the court, on motion at a hearing
  130  upon notice having been given to the clerk of the circuit court
  131  and the state attorney as required in subsection (8), shall
  132  direct remission of up to, but not more than, 95 percent of a
  133  forfeiture if the surety apprehended and surrendered the
  134  defendant or if the apprehension or surrender of the defendant
  135  was substantially procured or caused by the surety, or the
  136  surety has substantially attempted to procure or cause the
  137  apprehension or surrender of the defendant, and the delay has
  138  not thwarted the proper prosecution of the defendant. In
  139  addition, remission shall be granted when the surety did not
  140  substantially participate or attempt to participate in the
  141  apprehension or surrender of the defendant when the costs of
  142  returning the defendant to the jurisdiction of the court have
  143  been deducted from the remission and when the delay has not
  144  thwarted the proper prosecution of the defendant.
  145         (4) If the defendant surrenders or is apprehended within
  146  270 days after forfeiture, the court, on motion at a hearing
  147  upon notice having been given to the clerk of the circuit court
  148  and the state attorney as required in subsection (8), shall
  149  direct remission of up to, but not more than, 90 percent of a
  150  forfeiture if the surety apprehended and surrendered the
  151  defendant or if the apprehension or surrender of the defendant
  152  was substantially procured or caused by the surety, or the
  153  surety has substantially attempted to procure or cause the
  154  apprehension or surrender of the defendant, and the delay has
  155  not thwarted the proper prosecution of the defendant. In
  156  addition, remission shall be granted when the surety did not
  157  substantially participate or attempt to participate in the
  158  apprehension or surrender of the defendant when the costs of
  159  returning the defendant to the jurisdiction of the court have
  160  been deducted from the remission and when the delay has not
  161  thwarted the proper prosecution of the defendant.
  162         (5) If the defendant surrenders or is apprehended within 1
  163  year after forfeiture, the court, on motion at a hearing upon
  164  notice having been given to the clerk of the circuit court and
  165  the state attorney as required in subsection (8), shall direct
  166  remission of up to, but not more than, 85 percent of a
  167  forfeiture if the surety apprehended and surrendered the
  168  defendant or if the apprehension or surrender of the defendant
  169  was substantially procured or caused by the surety, or the
  170  surety has substantially attempted to procure or cause the
  171  apprehension or surrender of the defendant, and the delay has
  172  not thwarted the proper prosecution of the defendant. In
  173  addition, remission shall be granted when the surety did not
  174  substantially participate or attempt to participate in the
  175  apprehension or surrender of the defendant when the costs of
  176  returning the defendant to the jurisdiction of the court have
  177  been deducted from the remission and when the delay has not
  178  thwarted the proper prosecution of the defendant.
  179         (6) If the defendant surrenders or is apprehended within 2
  180  years after forfeiture, the court, on motion at a hearing upon
  181  notice having been given to the clerk of the circuit court and
  182  the state attorney as required in subsection (8), shall direct
  183  remission of up to, but not more than, 50 percent of a
  184  forfeiture if the surety apprehended and surrendered the
  185  defendant or if the apprehension or surrender of the defendant
  186  was substantially procured or caused by the surety, or the
  187  surety has substantially attempted to procure or cause the
  188  apprehension or surrender of the defendant, and the delay has
  189  not thwarted the proper prosecution of the defendant. In
  190  addition, remission shall be granted when the surety did not
  191  substantially participate or attempt to participate in the
  192  apprehension or surrender of the defendant when the costs of
  193  returning the defendant to the jurisdiction of the court have
  194  been deducted from the remission and when the delay has not
  195  thwarted the proper prosecution of the defendant.
  196         Section 4. Section 903.31, Florida Statutes, is amended to
  197  read:
  198         903.31 Canceling the bond.—
  199         (1) Within 10 business days after the conditions of a bond
  200  have been satisfied or the forfeiture discharged or remitted,
  201  the court shall order the bond canceled and, if the surety has
  202  attached a certificate of cancellation to the original bond, the
  203  clerk of the court shall mail or electronically furnish an
  204  executed certificate of cancellation to the surety without cost.
  205  An adjudication of guilt or innocence or, an acquittal, if a
  206  period of 36 months has passed since the original bond was
  207  posted, or a withholding of an adjudication of guilt shall
  208  satisfy the conditions of the bond. The original appearance bond
  209  shall expire 36 months after such bond has been posted for the
  210  release of the defendant from custody. This subsection does not
  211  apply to cases in which a bond has been declared forfeited
  212  before the 36-month expiration.
  213         (2) The original appearance bond does not guarantee a
  214  deferred sentence; sentences, appearance during or after a
  215  presentence investigation;, appearance during or after appeals;,
  216  conduct during or appearance after admission to a pretrial
  217  intervention program; placement in a court-ordered program,
  218  including a residential mental health facility;, payment of
  219  fines;, or attendance at educational or rehabilitation
  220  facilities the court otherwise provides in the judgment. If the
  221  original appearance bond has been forfeited or revoked, the bond
  222  shall not be reinstated without approval from the surety on the
  223  original bond.
  224         (3) If In any case where no formal charges are have been
  225  brought against the defendant within 365 days after arrest, the
  226  court shall order the bond canceled unless good cause is shown
  227  by the state.
  228         Section 5. This act shall take effect July 1, 2017.
  229  
  230  ================= T I T L E  A M E N D M E N T ================
  231  And the title is amended as follows:
  232         Delete everything before the enacting clause
  233  and insert:
  234                        A bill to be entitled                      
  235         An act relating to bail bonds; amending s. 903.045,
  236         F.S.; revising legislative intent concerning the
  237         obligations of a bail bond agent; revising the
  238         commitments and obligations of a bail bond agent;
  239         requiring that anyone charging a fee or premium to
  240         post a cash or surety bail bond be licensed under
  241         specified provisions; deleting a provision relating to
  242         circumstances that constitute a breach by the bail
  243         bond agent; amending s. 903.26, F.S.; revising the
  244         circumstances under which a surety bond deposited as
  245         bail must be forfeited; revising the circumstances
  246         that require a forfeiture to be discharged; amending
  247         s. 903.28, F.S.; revising the amount of forfeiture to
  248         be remitted under specified conditions; amending s.
  249         903.31, F.S.; specifying that certain provisions
  250         concerning cancellation of a bond do not apply if the
  251         bond is forfeited within a specified period after it
  252         has been posted; providing that an original appearance
  253         bond does not guarantee placement in a court-ordered
  254         program; providing an effective date.