Florida Senate - 2022                      CS for CS for SB 1182
       
       
        
       By the Committees on Rules; and Banking and Insurance; and
       Senator Broxson
       
       
       
       
       595-03060-22                                          20221182c2
    1                        A bill to be entitled                      
    2         An act relating to breach of bond costs; amending s.
    3         903.21, F.S.; requiring sureties to pay costs and
    4         expenses incurred in returning a defendant to the
    5         jurisdiction of the court; providing construction;
    6         specifying recoverable costs; revising and providing
    7         definitions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 903.21, Florida
   12  Statutes, is amended to read:
   13         903.21 Method of surrender; exoneration of obligors.—
   14         (3)(a) The surety shall be exonerated of liability on the
   15  bond if it is determined before prior to breach of the bond that
   16  the defendant is in any jail or prison and the surety agrees in
   17  writing to pay the costs and expenses incurred in transportation
   18  cost of returning the defendant to the jurisdiction of the
   19  court. A surety is only responsible for the itemized costs and
   20  expenses incurred for the transport of a defendant to whom he or
   21  she has a fiduciary duty and is not liable for the costs and
   22  expenses incurred in transporting any other defendant.
   23         (b) For purposes of this subsection, the term:
   24         1. “Costs and expenses” means the prorated salary of any
   25  law enforcement officer or employee of a contracted
   26  transportation company as well as the actual expenses of
   27  transporting each defendant, which may only consist of mileage,
   28  vehicle expenses, meals, and, if necessary, overnight lodging
   29  for any law enforcement officer or employee of a contracted
   30  transportation company and the defendant.
   31         2. “Jurisdiction” means the county from which the defendant
   32  was released on bail within the judicial circuit as prescribed
   33  by law.
   34         Section 2. This act shall take effect July 1, 2022.