Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 600
Ì468096NÎ468096
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/02/2026 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Criminal Justice (Truenow) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 153 - 849
4 and insert:
5 (12) “Virtual office” means an office that does not provide
6 a continuous physical office space and provides professional
7 address and mail handling services and which may, upon request,
8 provide communications and telephone services or a dedicated
9 office space.
10 Section 2. Subsection (1) and paragraph (a) of subsection
11 (2) of section 648.386, Florida Statutes, are amended to read:
12 648.386 Qualifications for prelicensing and continuing
13 education schools and instructors.—
14 (1) DEFINITIONS DEFINITION OF “CLASSROOM INSTRUCTION”.—As
15 used in this section, the term:
16 (a) “Classroom instruction” means a course designed to be
17 presented to a group of students by a live instructor using
18 lecture, video, webcast, or virtual or other audio-video
19 presentation.
20 (b) “In-person classroom instruction” means a course
21 designed to be presented to a group of students by a live
22 instructor using lectures, with the instructor and students in
23 the same physical classroom at the same time.
24 (2) SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In
25 order to be considered for approval and certification as an
26 approved limited surety agent and professional bail bond agent
27 prelicensing school, such entity must:
28 (a)1. Offer a minimum of two 80-hour in-person 120-hour
29 classroom-instruction basic certification courses in the
30 criminal justice system per calendar year unless a reduced
31 number of course offerings per calendar year is warranted in
32 accordance with rules adopted promulgated by the department; or
33 2. Offer a department-approved correspondence course
34 pursuant to department rules.
35 Section 3. Present paragraphs (d) through (p) of subsection
36 (1) of section 648.44, Florida Statutes, are redesignated as
37 paragraphs (e) through (q), respectively, a new paragraph (d) is
38 added to that subsection, and present paragraph (j) of that
39 subsection and subsections (4) and (9) of that section are
40 amended, to read
41 648.44 Prohibitions; penalty.—
42 (1) A bail bond agent or bail bond agency may not:
43 (d) Solicit bail from a detainee, the detainee’s attorney,
44 an adult member of the detainee’s immediate family, or any other
45 person unless the detainee specifically authorizes such
46 solicitation in writing. The detainee must sign this designation
47 before the solicitation unless prohibited by the rules,
48 regulations, or ordinances governing the place of imprisonment.
49 If such a prohibition exists, the designation may be signed
50 after the detainee’s release to ratify a previous oral
51 designation made by him or her. A solicitation to a detainee may
52 occur only after a legitimate request for bail services has been
53 received from the detainee or an individual specified in this
54 paragraph. The solicitation of a person specified in this
55 paragraph may only occur between 8 a.m. and 9 p.m., unless the
56 bail bond agent or bail bond agency has received direct and
57 specific written authorization from the detainee or the
58 detainee’s attorney to solicit at another time.
59 (k)(j) Accept anything of value from a principal for
60 providing a bail bond aside from except the premium, a credit
61 card merchant processing fee, a mobile payment services fee or
62 similar charge which must be separate from and not considered
63 premium, and a transfer fee authorized by the office, except
64 that the bail bond agent or bail bond agency may accept
65 collateral security or other indemnity from the principal or
66 another person in accordance with s. 648.442, together with
67 documentary stamp taxes, if applicable. No fees, expenses, or
68 charges of any kind shall be permitted to be deducted from the
69 collateral held or any return premium due, except as authorized
70 by this chapter or rule of the department or commission. Upon
71 written agreement with another party, a bail bond agent or bail
72 bond agency may, upon written agreement with another party,
73 receive a fee or compensation for returning to custody an
74 individual who has fled the jurisdiction of the court or caused
75 the forfeiture of a bond.
76 (4) A place of business, including a branch office, may not
77 be established, opened, or maintained unless it is under the
78 active full-time charge of a licensed and appointed bail bond
79 agent. A virtual office is prohibited.
80 (9)(a) A Any person who violates paragraph (1)(f),
81 paragraph (1)(g), paragraph (1)(h), paragraph (1)(k), paragraph
82 (1)(o), any provisions of paragraph (1)(e), paragraph (1)(f),
83 paragraph (1)(g), paragraph (1)(j), or paragraph (1)(n), or
84 subsection (2) commits a felony of the third degree, punishable
85 as provided in s. 775.082, s. 775.083, or s. 775.084.
86 (b) A Any person who violates the provisions of paragraph
87 (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(i),
88 paragraph (1)(l), paragraph (1)(n), paragraph (1)(p), paragraph
89 (1)(q), paragraph (1)(h), paragraph (1)(k), paragraph (1)(m),
90 paragraph (1)(o), paragraph (1)(p), subsection (3), subsection
91 (4), or subsection (5) commits a misdemeanor of the first
92 degree, punishable as provided in s. 775.082 or s. 775.083.
93 Section 4. Subsection (2) of section 903.011, Florida
94 Statutes, is amended to read:
95 903.011 Pretrial release; general terms; statewide uniform
96 bond schedule.—
97 (2) Any monetary or cash component of any form of pretrial
98 release must may be met by a surety bond or by United States
99 currency, a United States postal money order, or a cashier’s
100 check in the amount of the bond.
101 Section 5. Paragraph (d) of subsection (2) of section
102 903.046, Florida Statutes, is amended to read:
103 903.046 Purpose of and criteria for bail determination.—
104 (2) When determining whether to release a defendant on bail
105 or other conditions, and what that bail or those conditions may
106 be, the court shall consider:
107 (d) The defendant’s past and present conduct, including any
108 record of convictions, previous flight to avoid prosecution, or
109 failure to appear at court proceedings. However, any defendant
110 who had failed to appear on the day of any required court
111 proceeding in the case at issue, but who had later voluntarily
112 appeared or surrendered, is not shall not be eligible for a
113 recognizance bond; and any defendant who failed to appear on the
114 day of any required court proceeding in the case at issue and
115 who was later arrested is not shall not be eligible for a
116 recognizance bond or for any form of bond which does not require
117 the greater of a monetary undertaking or commitment equal to or
118 greater than $2,000 or twice the value of the monetary
119 commitment or undertaking of the original bond, whichever is
120 greater. Notwithstanding anything in this section, the court has
121 discretion in determining conditions of release if the defendant
122 proves circumstances beyond his or her control for the failure
123 to appear. A surety bond that has been revoked may not be
124 reinstated without a written authorization from the bail bond
125 agent, bail bond agency, or surety. This section may not be
126 construed as imposing additional duties or obligations on a
127 governmental entity related to monetary bonds.
128 Section 6. Section 903.0471, Florida Statutes, is amended
129 to read:
130 903.0471 Violation of condition of pretrial release.
131 Notwithstanding s. 907.041, a court may, on its own motion,
132 revoke pretrial release and order pretrial detention if the
133 court finds probable cause to believe that the defendant
134 committed a new crime while on pretrial release or violated any
135 other condition of pretrial release in a material respect. Upon
136 entry of such an order to revoke pretrial release and order
137 pretrial detention, other than for a failure to appear, the
138 clerk of the court must discharge any bond previously posted as
139 a condition of pretrial release without further order of the
140 court.
141 Section 7. Section 903.05, Florida Statutes, is amended to
142 read:
143 903.05 Qualification of sureties.—A surety for the release
144 of a person on bail, other than a company authorized by law to
145 act as a surety, shall be a resident of the state or own real
146 estate within the state.
147 Section 8. Section 903.08, Florida Statutes, is repealed.
148 Section 9. Subsection (1) of section 903.09, Florida
149 Statutes, is amended to read:
150 903.09 Justification of sureties.—
151 (1) A surety, other than a bail bond agent as defined in s.
152 648.25, shall justify his or her suretyship by attaching to the
153 bond United States currency, a United States postal money order,
154 or a cashier’s check in the amount of the bond; however, the
155 United States currency, United States postal money order, or
156 cashier’s check may not be used to secure more than one bond
157 execute an affidavit stating that she or he possesses the
158 qualifications and net worth required to become a surety. The
159 affidavit shall describe the surety’s property and any
160 encumbrances and shall state the number and amount of any bonds
161 entered into by the surety at any court that remain
162 undischarged.
163 Section 10. Section 903.101, Florida Statutes, is amended
164 to read:
165 903.101 Sureties; licensed persons; to have equal access.
166 Subject to rules adopted by the Department of Financial Services
167 and by the Financial Services Commission, every surety who meets
168 the requirements of s. 903.09 ss. 903.05, 903.06, 903.08, and
169 903.09, and every person who is currently licensed by the
170 Department of Financial Services and registered as required by
171 s. 648.42 must shall have equal access to the jails of this
172 state for the purpose of making bonds.
173 Section 11. Section 903.16, Florida Statutes, is amended to
174 read:
175 903.16 Deposit of money or bonds as bail.—
176 (1) A defendant who has been admitted to bail, or another
177 person in the defendant’s behalf, may deposit with the official
178 authorized to take bail money an amount equal to the bail amount
179 set in the court order. Such deposit must be receipted in the
180 name of the defendant or nonregistered bonds of the United
181 States, the state, or a city, town, or county in the state,
182 equal in market value to the amount set in the order and the
183 personal bond of the defendant and an undertaking by the
184 depositor if the money or bonds are deposited by another. The
185 sheriff or other officials shall may remit money or bonds
186 received to the clerk to be held by the clerk pending court
187 action or return to the defendant or depositor. The clerk shall
188 accept money or bonds remitted by the sheriff.
189 (2) Consent is conclusively presumed for the clerk of the
190 circuit court to sell bonds deposited as bail after forfeiture
191 of the bond.
192 Section 12. Section 903.17, Florida Statutes, is repealed.
193 Section 13. Subsection (3) of section 903.21, Florida
194 Statutes, is amended to read:
195 903.21 Method of surrender; exoneration of obligors.—
196 (3)(a) The surety shall be exonerated of liability on the
197 bond if it is determined before forfeiture breach of the bond
198 that the defendant is in any jail or prison and the surety
199 agrees in writing to pay the costs and expenses incurred in
200 returning the defendant to the jurisdiction of the court. A
201 surety is only responsible for the itemized costs and expenses
202 incurred for the transport of a defendant to whom he or she has
203 a fiduciary duty and is not liable for the costs and expenses
204 incurred in transporting any other defendant.
205 (b) As used in For purposes of this subsection, the term:
206 1. “Costs and expenses” means the prorated salary of any
207 law enforcement officer or employee of a contracted
208 transportation company as well as the actual expenses of
209 transporting each defendant, which may only consist of mileage,
210 vehicle expenses, meals, and, if necessary, overnight lodging
211 for any law enforcement officer or employee of a contracted
212 transportation company and the defendant.
213 2. “Jurisdiction” means the county from which the defendant
214 was released on bail.
215 Section 14. Section 903.26, Florida Statutes, is amended to
216 read:
217 903.26 Forfeiture of the bond; when and how directed;
218 discharge; how and when made; effect of payment.—
219 (1) A bail bond may shall not be forfeited unless:
220 (a) The information, indictment, or affidavit was filed
221 within 6 months after from the date of arrest, and
222 (b) The clerk of the court gave the surety at least 72
223 hours’ notice, exclusive of Saturdays, Sundays, and holidays,
224 before the time of the required appearance of the defendant.
225 Notice is shall not be necessary if the time for appearance is
226 within 72 hours after from the time of arrest, or if the time is
227 stated on the bond. Such notice may be mailed or electronically
228 transmitted. A certificate signed by the clerk of the court or
229 the clerk’s designee which certifies that the notice required
230 under this paragraph was mailed or electronically transmitted on
231 a specified date and time and which is accompanied by a copy of
232 the required notice constitutes sufficient proof that such
233 mailing or electronic transmission was properly accomplished as
234 required in this paragraph.
235 (2)(a) If there is a failure of the defendant to appear as
236 required, the court must shall declare the bond and any bonds or
237 money deposited as bail forfeited. The clerk of the court shall
238 mail or electronically transmit a notice to the surety agent,
239 bail bond agency, and surety company within 5 days after the
240 forfeiture. A certificate signed by the clerk of the court or
241 the clerk’s designee which certifies, certifying that the notice
242 required under this section herein was mailed or electronically
243 transmitted on a specified date and which is accompanied by a
244 copy of the required notice constitutes, shall constitute
245 sufficient proof that such mailing or electronic transmission
246 was properly accomplished as required in this paragraph
247 indicated therein. If such mailing or electronic transmission
248 was properly accomplished as evidenced by such certificate, the
249 failure of the surety agent, a bail bond agency, of a company,
250 or of a defendant to receive such notice does shall not
251 constitute a defense to such forfeiture and may shall not be
252 grounds for discharge, remission, reduction, set aside, or
253 continuance of such forfeiture. The forfeiture must shall be
254 paid within 60 days after the date the notice was mailed or
255 electronically transmitted.
256 (b) If Failure of the defendant fails to appear at the
257 time, date, and place of required appearance, shall result in
258 forfeiture of the bond is forfeited. Such forfeiture must shall
259 be automatically entered by the clerk upon such failure to
260 appear, and the clerk shall follow the procedures in paragraph
261 (a). However, the court may determine, in its discretion and, in
262 the interest of justice, that an appearance by the defendant on
263 the same day as required day does not warrant forfeiture of the
264 bond; and the court may direct the clerk to set aside any such
265 forfeiture which may have been entered. Any appearance by the
266 defendant later than the required day constitutes forfeiture of
267 the bond, and the court may shall not preclude entry of such
268 forfeiture by the clerk.
269 (c) If there is a forfeiture of the bond, the clerk must
270 shall provide, upon request, a certified copy of the warrant or
271 capias to the bail bond agent or surety company.
272 (3) Sixty days after the forfeiture notice has been mailed
273 or electronically transmitted:
274 (a) State and county officials having custody of forfeited
275 money shall deposit the money in the fine and forfeiture fund
276 established pursuant to s. 142.01.
277 (b) Municipal officials having custody of forfeited money
278 shall deposit the money in a designated municipal fund.
279 (c) Officials having custody of bonds as authorized by s.
280 903.16 shall transmit the bonds to the clerk of the circuit
281 court who shall sell them at market value and disburse the
282 proceeds as provided in paragraph (a) paragraphs (a) and (b).
283 (4)(a) When a bond is forfeited, the clerk shall transmit
284 the bond and any affidavits to the clerk of the circuit court in
285 which the bond and affidavits are filed. The clerk of the
286 circuit court shall record the forfeiture in the deed or
287 official records book. If the undertakings and affidavits
288 describe real property in another county, the clerk shall
289 transmit the bond and affidavits to the clerk of the circuit
290 court of the county where the property is located who shall
291 record and return them.
292 (b) The bond and affidavits shall be a lien on the real
293 property they describe from the time of recording in the county
294 where the property is located for 2 years or until the final
295 determination of an action instituted thereon within a 2-year
296 period. If an action is not instituted within 2 years from the
297 date of recording, the lien shall be discharged. The lien will
298 be discharged 2 years after the recording even if an action was
299 instituted within 2 years unless a lis pendens notice is
300 recorded in the action.
301 (4)(5) The court shall discharge a forfeiture within 60
302 days after the forfeiture notice was mailed or electronically
303 transmitted upon any of the following:
304 (a) A determination that, due to circumstances beyond the
305 defendant’s control, it was impossible for the defendant to
306 appear as required or within 60 days after the date of the
307 required appearance due to circumstances beyond the defendant’s
308 control. The potential adverse economic consequences of
309 appearing as required may not be considered as constituting a
310 ground for such a determination.;
311 (b) A determination that, at the time of the required
312 appearance or within 60 days after the date of the required
313 appearance, the defendant was confined in an institution or
314 hospital; was confined in any county, state, federal, or
315 immigration detention facility; was deported; or is deceased.;
316 (c) Surrender or arrest of the defendant at the time of the
317 required appearance or within 60 days after the date of the
318 required appearance in any county, state, or federal jail or
319 prison and upon a hold being placed to return the defendant to
320 the jurisdiction of the court. The court shall condition a
321 discharge or remission on the payment of costs and the expenses
322 as provided in s. 903.21(3), incurred by an official in
323 returning the defendant to the jurisdiction of the court.; or
324 (d) A determination that the state is unwilling to seek
325 extradition of the fugitive defendant within 10 30 days after a
326 written request by the surety agent to do so, and contingent
327 upon the surety agent’s consent to pay all costs and the
328 expenses incurred by an official in returning the defendant to
329 the jurisdiction of the court, as provided in s. 903.21(3), up
330 to the penal amount of the bond.
331 (5) For each felony warrant that a court issues for a
332 failure to appear in court, the state shall enter the
333 information of the defendant in the National Crime Information
334 Center database with no restrictions until the defendant is
335 returned to the jurisdiction of the court.
336 (6) The discharge of a forfeiture may shall not be ordered
337 for any reason other than as specified herein.
338 (7) The payment by a surety of a forfeiture under this law
339 has shall have the same effect on the bond as payment of a
340 judgment.
341 (8) If the defendant is arrested and returned to the county
342 of jurisdiction of the court or has posted a new bond for the
343 case at issue before judgment, the clerk must, upon affirmation
344 by the sheriff or the chief correctional officer and, shall,
345 without further hearing or order of the court, discharge the
346 forfeiture of the bond. However, if the surety agent fails to
347 pay the costs and expenses incurred in returning the defendant
348 to the county of jurisdiction, the clerk may shall not discharge
349 the forfeiture of the bond. If the surety agent and the sheriff
350 fail to agree on the amount of such said costs, then the court,
351 after notice to the sheriff and the state attorney, must shall
352 determine the amount of the costs.
353 (9) If, after forfeiture of a bond, the criminal charges
354 for which the bond guaranteed appearance are resolved,
355 adjudicated, or otherwise disposed of by any action of the court
356 or state, the clerk must discharge the forfeiture and issue such
357 notice to the surety without further order of the court. If such
358 resolution or disposition occurs after payment of a forfeiture
359 or judgment, remission must be granted upon proper motion and as
360 specified under s. 903.28.
361 (10) Unless the time for payment or discharge of the
362 forfeiture set forth in s. 903.27(1) has passed, or unless
363 payment of the forfeiture has already been made, the clerk does
364 not have standing to object to a motion to set aside a
365 forfeiture under paragraph (2)(b), a motion to discharge a
366 forfeiture under subsection (4), or a motion to reinstate a bond
367 under s. 903.31(2).
368 Section 15. Section 903.27, Florida Statutes, is amended to
369 read:
370 903.27 Forfeiture to judgment.—
371 (1) If the forfeiture is not paid or discharged by order of
372 a court of competent jurisdiction within 60 days after the
373 forfeiture notice has been mailed or electronically transmitted
374 and the bond is secured other than by money and bonds authorized
375 in s. 903.16, the clerk of the circuit court for the county
376 where the order was made must shall enter a judgment against the
377 surety for the amount of the penalty and issue execution.
378 However, in any case in which the bond forfeiture has been
379 discharged by the court of competent jurisdiction conditioned
380 upon the payment by the surety of certain costs or fees as
381 allowed by statute, the amount for which judgment may be entered
382 may not exceed the amount of the unpaid fees or costs upon which
383 the discharge had been conditioned. Judgment for the full amount
384 of the forfeiture may shall not be entered if payment of a
385 lesser amount will satisfy the conditions to discharge the
386 forfeiture. Within 5 10 days, the clerk shall furnish the
387 Department of Financial Services and the Office of Insurance
388 Regulation of the Financial Services Commission with a certified
389 copy of the judgment docket and shall furnish the surety company
390 at its home office a copy of the judgment, which shall include
391 the power of attorney number of the bond and the name of the
392 executing agent. If the judgment is not paid within 35 days, the
393 clerk must shall furnish the Department of Financial Services,
394 the Office of Insurance Regulation, and the sheriff of the
395 county in which the bond was executed, or the official
396 responsible for operation of the county jail, if that official
397 is not other than the sheriff, two copies of the judgment and a
398 certificate stating that the judgment remains unsatisfied. When
399 and if the judgment is properly paid or an order to vacate the
400 judgment has been entered by a court of competent jurisdiction,
401 the clerk shall immediately notify the sheriff, or other such
402 the official responsible for the operation of the county jail,
403 if other than the sheriff, and, if they have been previously
404 notified of nonpayment, the Department of Financial Services and
405 the Office of Insurance Regulation, if the department and office
406 had been previously notified of nonpayment, of such payment or
407 order to vacate the judgment. The clerk may furnish documents or
408 give notice as required in this subsection by mail or electronic
409 means. The clerk shall also immediately prepare and record in
410 the public records a satisfaction of the judgment or record the
411 order to vacate judgment. If the defendant is returned to the
412 county of jurisdiction of the court, whenever a motion to set
413 aside the judgment is filed, the operation of this section is
414 tolled until the court makes a disposition of the motion.
415 (2) A certificate signed by the clerk of the court or her
416 or his designee which certifies, certifying that the notice
417 required in subsection (1) was mailed or electronically
418 delivered on a specified date, and is accompanied by a copy of
419 the required notice constitutes sufficient proof that such
420 mailing or electronic delivery was properly accomplished as
421 required in this subsection indicated therein. If such mailing
422 or electronic delivery was properly accomplished as evidenced by
423 such certificate, the failure of a company to receive a copy of
424 the judgment as prescribed in subsection (1) does not constitute
425 a defense to the forfeiture and is not a ground for the
426 discharge, remission, reduction, set aside, or continuance of
427 such forfeiture.
428 (3) Surety bail bonds may not be executed by a bail bond
429 agent or a bail bond agency against whom a judgment has been
430 entered which has remained unpaid for 35 days and may not be
431 executed for a company against whom a judgment has been entered
432 which has remained unpaid for 50 days. A No sheriff or other
433 official who is empowered to accept or approve surety bail bonds
434 may not shall accept or approve such a bond executed by such a
435 bail bond agent or bail bond agency or executed for such a
436 company until such judgment has been paid.
437 (4) After notice of judgment against the surety given by
438 the clerk of the circuit court, the surety, a bail bond agency,
439 or a bail bond agent shall, within 35 days after of the entry of
440 judgment, submit to the clerk of the circuit court an amount
441 equal to the judgment, unless the judgment has been set aside by
442 the court within 35 days after of the entry of the judgment. If
443 a motion to set aside the judgment has been filed pursuant to
444 subsection (5), the amount submitted must shall be held in
445 escrow until such time as the court has disposed of the motion.
446 The failure to comply with the provisions of this subsection
447 constitutes a failure to pay the judgment.
448 (5) After notice of judgment against the surety given by
449 the clerk of the circuit court, the surety, bail bond agency, or
450 bail bond agent may within 35 days file a motion to set aside
451 the judgment or to stay the judgment. It shall be a condition of
452 Any such motion or and of any order to stay the judgment must be
453 conditioned on payment by that the surety of pay the amount of
454 the judgment to the clerk, which amount must shall be held in
455 escrow until such time as the court has disposed of the motion
456 to set aside the judgment. The filing of such a motion, when
457 accompanied by the required escrow deposit, acts shall act as an
458 automatic stay of further proceedings, including execution,
459 until the motion has been heard and a decision rendered by the
460 court.
461 (6) The failure of a state attorney to file, or of the
462 clerk of the circuit court to make, a certified copy of the
463 order of forfeiture as required by law applicable before prior
464 to July 1, 1982, does shall not invalidate any judgment entered
465 by the clerk before prior to June 12, 1981.
466 Section 16. Section 903.28, Florida Statutes, is amended to
467 read:
468 903.28 Remission of forfeiture; conditions.—
469 (1) On application within 36 months after 2 years from
470 forfeiture, the court must shall order remission of the
471 forfeiture in accordance with subsection (2) if it determines
472 that there was no breach of the bond.
473 (2) If the defendant surrenders or is apprehended and the
474 surety has paid all costs of returning the defendant to the
475 jurisdiction of the court, if the defendant is deceased, or if
476 the state attorney is unwilling to seek extradition of the
477 defendant from any jail or prison after a request by the surety
478 agent, bail bond agency, or surety company consenting to pay all
479 costs incurred by an official in returning the defendant to the
480 jurisdiction of the court, as provided in s. 903.21(3)(a), up to
481 the penal amount of the bond, within 36 months 90 days after
482 forfeiture, the court, on motion at a hearing upon notice having
483 been given to the clerk of the circuit court and the state
484 attorney as required in subsection (4), must subsection (8),
485 shall direct remission in accordance with the following:
486 (a) One hundred percent of the forfeiture if the defendant
487 surrenders or is apprehended within 90 days after forfeiture and
488 the delay has not thwarted proper prosecution of the defendant
489 or if the defendant is deceased or the state is unwilling to
490 seek extradition of the defendant within 90 days after
491 forfeiture.
492 (b) Ninety-five percent of the forfeiture if the defendant
493 surrenders or is apprehended within 180 days after forfeiture
494 and the delay has not thwarted proper prosecution of the
495 defendant or if the defendant is deceased or the state is
496 unwilling to seek extradition of the defendant within 180 days
497 after forfeiture.
498 (c) Ninety percent of the forfeiture if the defendant
499 surrenders or is apprehended within 270 days after forfeiture
500 and the delay has not thwarted proper prosecution of the
501 defendant or if the defendant is deceased or the state is
502 unwilling to seek extradition of the defendant within 270 days
503 after forfeiture.
504 (d) Eighty-five percent of the forfeiture if the defendant
505 surrenders or is apprehended within 360 days after forfeiture
506 and the delay has not thwarted proper prosecution of the
507 defendant or if the defendant is deceased or the state is
508 unwilling to seek extradition of the defendant within 360 days
509 after forfeiture.
510 (e) Eighty percent of the forfeiture if the defendant
511 surrenders or is apprehended within 450 days after forfeiture
512 and the delay has not thwarted proper prosecution of the
513 defendant or if the defendant is deceased or the state is
514 unwilling to seek extradition of the defendant within 450 days
515 after forfeiture.
516 (f) Seventy-five percent of the forfeiture if the defendant
517 surrenders or is apprehended within 540 days after forfeiture
518 and the delay has not thwarted proper prosecution of the
519 defendant or if the defendant is deceased or the state is
520 unwilling to seek extradition of the defendant within 540 days
521 after forfeiture.
522 (g) Seventy percent of the forfeiture if the defendant
523 surrenders or is apprehended within 630 days after forfeiture
524 and the delay has not thwarted proper prosecution of the
525 defendant or if the defendant is deceased or the state is
526 unwilling to seek extradition of the defendant within 630 days
527 after forfeiture.
528 (h) Sixty-five percent of the forfeiture if the defendant
529 surrenders or is apprehended within 720 days after forfeiture
530 and the delay has not thwarted proper prosecution of the
531 defendant or if the defendant is deceased or the state is
532 unwilling to seek extradition of the defendant within 720 days
533 after forfeiture.
534 (i) Sixty percent of the forfeiture if the defendant
535 surrenders or is apprehended within 810 days after forfeiture
536 and the delay has not thwarted proper prosecution of the
537 defendant or if the defendant is deceased or the state is
538 unwilling to seek extradition of the defendant within 810 days
539 after forfeiture.
540 (j) Fifty-five percent of the forfeiture if the defendant
541 surrenders or is apprehended within 900 days after forfeiture
542 and the delay has not thwarted proper prosecution of the
543 defendant or if the defendant is deceased or the state is
544 unwilling to seek extradition of the defendant within 900 days
545 after forfeiture.
546 (k) Fifty percent of the forfeiture if the defendant
547 surrenders or is apprehended within 990 days after forfeiture
548 and the delay has not thwarted proper prosecution of the
549 defendant or if the defendant is deceased or the state is
550 unwilling to seek extradition of the defendant within 990 days
551 after forfeiture.
552 (l) Forty-five percent of the forfeiture if the defendant
553 surrenders or is apprehended within 36 months after forfeiture
554 and the delay has not thwarted proper prosecution of the
555 defendant or if the defendant is deceased or the state is
556 unwilling to seek extradition of the defendant within 36 months
557 after forfeiture of up to, but not more than, 100 percent of a
558 forfeiture if the surety apprehended and surrendered the
559 defendant or if the apprehension or surrender of the defendant
560 was substantially procured or caused by the surety, or the
561 surety has substantially attempted to procure or cause the
562 apprehension or surrender of the defendant, and the delay has
563 not thwarted the proper prosecution of the defendant. In
564 addition, remission shall be granted when the surety did not
565 substantially participate or attempt to participate in the
566 apprehension or surrender of the defendant when the costs of
567 returning the defendant to the jurisdiction of the court have
568 been deducted from the remission and when the delay has not
569 thwarted the proper prosecution of the defendant.
570 (3) If the defendant surrenders or is apprehended within
571 180 days after forfeiture, the court, on motion at a hearing
572 upon notice having been given to the clerk of the circuit court
573 and the state attorney as required in subsection (8), shall
574 direct remission of up to, but not more than, 95 percent of a
575 forfeiture if the surety apprehended and surrendered the
576 defendant or if the apprehension or surrender of the defendant
577 was substantially procured or caused by the surety, or the
578 surety has substantially attempted to procure or cause the
579 apprehension or surrender of the defendant, and the delay has
580 not thwarted the proper prosecution of the defendant. In
581 addition, remission shall be granted when the surety did not
582 substantially participate or attempt to participate in the
583 apprehension or surrender of the defendant when the costs of
584 returning the defendant to the jurisdiction of the court have
585 been deducted from the remission and when the delay has not
586 thwarted the proper prosecution of the defendant.
587 (4) If the defendant surrenders or is apprehended within
588 270 days after forfeiture, the court, on motion at a hearing
589 upon notice having been given to the clerk of the circuit court
590 and the state attorney as required in subsection (8), shall
591 direct remission of up to, but not more than, 90 percent of a
592 forfeiture if the surety apprehended and surrendered the
593 defendant or if the apprehension or surrender of the defendant
594 was substantially procured or caused by the surety, or the
595 surety has substantially attempted to procure or cause the
596 apprehension or surrender of the defendant, and the delay has
597 not thwarted the proper prosecution of the defendant. In
598 addition, remission shall be granted when the surety did not
599 substantially participate or attempt to participate in the
600 apprehension or surrender of the defendant when the costs of
601 returning the defendant to the jurisdiction of the court have
602 been deducted from the remission and when the delay has not
603 thwarted the proper prosecution of the defendant.
604 (5) If the defendant surrenders or is apprehended within 1
605 year after forfeiture, the court, on motion at a hearing upon
606 notice having been given to the clerk of the circuit court and
607 the state attorney as required in subsection (8), shall direct
608 remission of up to, but not more than, 85 percent of a
609 forfeiture if the surety apprehended and surrendered the
610 defendant or if the apprehension or surrender of the defendant
611 was substantially procured or caused by the surety, or the
612 surety has substantially attempted to procure or cause the
613 apprehension or surrender of the defendant, and the delay has
614 not thwarted the proper prosecution of the defendant. In
615 addition, remission shall be granted when the surety did not
616 substantially participate or attempt to participate in the
617 apprehension or surrender of the defendant when the costs of
618 returning the defendant to the jurisdiction of the court have
619 been deducted from the remission and when the delay has not
620 thwarted the proper prosecution of the defendant.
621 (6) If the defendant surrenders or is apprehended within 2
622 years after forfeiture, the court, on motion at a hearing upon
623 notice having been given to the clerk of the circuit court and
624 the state attorney as required in subsection (8), shall direct
625 remission of up to, but not more than, 50 percent of a
626 forfeiture if the surety apprehended and surrendered the
627 defendant or if the apprehension or surrender of the defendant
628 was substantially procured or caused by the surety, or the
629 surety has substantially attempted to procure or cause the
630 apprehension or surrender of the defendant, and the delay has
631 not thwarted the proper prosecution of the defendant. In
632 addition, remission shall be granted when the surety did not
633 substantially participate or attempt to participate in the
634 apprehension or surrender of the defendant when the costs of
635 returning the defendant to the jurisdiction of the court have
636 been deducted from the remission and when the delay has not
637 thwarted the proper prosecution of the defendant.
638 (3)(7) The remission of a forfeiture may not be ordered for
639 any reason other than as specified in this section herein.
640 (4)(8) An application for remission must be accompanied by
641 affidavits setting forth the facts on which it is founded;
642 however, the surety must establish by further documentation or
643 other evidence any claimed attempt at procuring or causing the
644 apprehension or surrender of the defendant before the court may
645 order remission based upon an attempt to procure or cause such
646 apprehension or surrender. The clerk of the circuit court and
647 the state attorney must be given 10 20 days’ notice before a
648 hearing on an application and be furnished copies of all papers,
649 applications, and affidavits. Remission must shall be granted on
650 the condition of payment of costs, as provided in s.
651 903.21(3)(a), unless the ground for remission is that there was
652 no breach of the bond.
653 (5)(9) The clerk of the circuit court may enter into a
654 contract with a private attorney or into an interagency
655 agreement with a governmental agency to represent the clerk of
656 the court in an action for the remission of a forfeiture under
657 this section.
658 (6)(10) The clerk of the circuit court is the real party in
659 interest for all appeals arising from an action for the
660 remission of a forfeiture under this section.
661 (7) The clerk of the circuit court shall issue a remission
662 within 10 days after entry of a court order directing remission,
663 and a remission untimely issued accrues interest at the rate of
664 1.5 percent per month.
665 (8) If the defendant surrenders or is apprehended and the
666 surety has not paid all costs of returning the defendant to the
667 jurisdiction of the court, the court may order remission of the
668 forfeiture in accordance with subsection (2) if the actual costs
669 of returning the defendant to the jurisdiction of the court have
670 been deducted from the remission.
671 Section 17. Section 903.29, Florida Statutes, is amended to
672 read:
673 903.29 Arrest of principal by surety after forfeiture.
674 Within 3 2 years from the date of forfeiture of a bond, the
675 surety may arrest the principal for the purpose of surrendering
676 the principal to the official in whose custody she or he was at
677 the time bail was taken or in whose custody the principal would
678 have been placed had she or he been committed.
679 Section 18. Subsections (1) and (2) of section 903.31,
680 Florida Statutes, are amended to read:
681 903.31 Canceling the bond.—
682 (1) Within 10 business days after the conditions of a bond
683 have been satisfied or the forfeiture discharged or remitted,
684 the court must shall order the bond canceled and, if the surety
685 has attached a certificate of cancellation to the original bond,
686 the clerk of the court must shall mail or electronically furnish
687 an executed certificate of cancellation to the surety without
688 cost. The clerk of the court shall discharge the bond upon an
689 adjudication of guilt or innocence or an acquittal, or if a
690 period of 36 months has passed since the original bond was
691 posted., or A withholding of an adjudication of guilt, a finding
692 of guilt by a jury, or a no action by the state satisfies shall
693 satisfy the conditions of the bond. If the bond has been revoked
694 by the court, other than for a failure to appear, the clerk of
695 the court must discharge or cancel the bond. The original
696 appearance bond expires shall expire 36 months after such bond
697 has been posted for the release of the defendant from custody,
698 at which time the clerk of the court must discharge the bond.
699 This subsection does not apply to cases in which a bond has been
700 declared forfeited before the 36-month expiration, unless the
701 forfeiture was set aside or discharged. As used in this
702 subsection, the term “revoked” means that an act, a statement, a
703 document, or a promise has been annulled or canceled.
704 (2) The original appearance bond does not guarantee a
705 deferred sentence; a sentencing deferral; a delayed sentencing;
706 an appearance after entering a plea agreement; an appearance
707 during or after a presentence investigation; an appearance
708 during or after appeals; conduct during or appearance after
709 admission to a pretrial intervention program; placement in a
710 court-ordered program, including a residential mental health
711 facility; payment of fines; or attendance at educational or
712 rehabilitation facilities the court otherwise provides in the
713 judgment. If the original appearance bond has been forfeited or
714 revoked, it may the bond shall not be reinstated without
715 approval from the surety on the original bond.
716 Section 19. Section 903.36, Florida Statutes, is repealed.
717 Section 20. Paragraph (b) of subsection (3) and paragraphs
718 (a), (d), and (g) of subsection (5) of section 907.041, Florida
719 Statutes, are amended, and paragraph (c) of subsection (5) of
720 that section is reenacted, to read:
721 907.041 Pretrial detention and release.—
722 (3) RELEASE ON NONMONETARY CONDITIONS.—
723
724 ================= T I T L E A M E N D M E N T ================
725 And the title is amended as follows:
726 Delete lines 4 - 126
727 and insert:
728 648.386, F.S.; defining the term “in-person classroom
729 instruction”; decreasing the duration of in-person
730 classroom-instruction basic certification courses
731 required to be considered for approval and
732 certification as an approved limited surety agent and
733 professional bail bond agent prelicensing school;
734 amending s. 648.44, F.S.; prohibiting bail bond agents
735 and agencies from soliciting certain persons;
736 providing exceptions; authorizing bail bond agents and
737 agencies to accept certain fees or charges;
738 prohibiting virtual offices; amending s. 903.011,
739 F.S.; requiring, rather than authorizing, that any
740 monetary or cash component of any form of pretrial
741 release be met by specified means; amending s.
742 903.046, F.S.; revising the criteria that a court must
743 consider in making specified determinations;
744 prohibiting a surety bond that has been revoked from
745 being reinstated without written authorization;
746 amending s. 903.0471, F.S.; requiring that, upon a
747 court’s entry of an order to revoke pretrial release
748 and order pretrial detention in certain circumstances,
749 the clerk of the court discharge any bond previously
750 posted as a condition of pretrial release without
751 further order of the court; amending s. 903.05, F.S.;
752 deleting the requirement that a surety own certain
753 real estate as a qualification for the release of a
754 person on bail; repealing s. 903.08, F.S., relating to
755 sufficiency of sureties; amending s. 903.09, F.S.;
756 requiring sureties, other than bail bond agents, to
757 justify their suretyship by attaching to the bond
758 United States currency, a United States postal money
759 order, or a cashier’s check in the amount of the bond;
760 providing that such currency, money order, or
761 cashier’s check may not be used to secure more than
762 one bond; deleting the requirement that a surety
763 execute an affidavit providing certain information;
764 amending s. 903.101, F.S.; revising the requirements
765 that sureties must meet to have equal access to jails
766 for making bonds; amending s. 903.16, F.S.;
767 authorizing a defendant who has been admitted to bail,
768 or another person on the defendant’s behalf, to
769 deposit with the official authorized to take bail
770 money an amount equal to the bail amount set in the
771 court order; requiring that such deposit be receipted
772 in the name of the defendant; requiring, rather than
773 authorizing, the sheriff or other officials to remit
774 to the clerk money or bonds received which are to be
775 held by the clerk pending court action; deleting a
776 provision stating that consent is conclusively
777 presumed for the clerk of the circuit court to sell
778 bonds deposited as bail after forfeiture of the bond;
779 repealing s. 903.17, F.S., relating to substitution of
780 cash bail for other bail; amending s. 903.21, F.S.;
781 specifying that the surety is exonerated of liability
782 on a bond if a specified determination is made before
783 forfeiture of the bond; revising the definition of the
784 term “costs and expenses”; amending s. 903.26, F.S.;
785 providing that a certain signed certificate that
786 certifies a specified required notice constitutes
787 sufficient proof of the mailing or electronic
788 transmission of such notice; deleting a requirement
789 that municipal officials having custody of forfeited
790 money deposit such money in a designated municipal
791 fund within 60 days after the forfeiture notice has
792 been mailed or electronically transmitted; deleting
793 certain requirements that must be met when bonds are
794 forfeited; revising the circumstances under which the
795 court is required to discharge a forfeiture within a
796 specified timeframe; requiring the state to enter the
797 information of a defendant in the National Crime
798 Information Center database for each felony warrant
799 that a court issues for failure to appear; specifying
800 circumstances under which the clerk must discharge a
801 forfeiture and issue a certain notice to the surety
802 without further order of the court; specifying
803 circumstances under which the clerk does not have
804 standing to object to specified motions; amending s.
805 903.27, F.S.; requiring the clerk of the circuit court
806 to enter a certain judgment if the forfeiture is not
807 paid or discharged by order of a court of competent
808 jurisdiction within 60 days after the forfeiture
809 notice has been mailed or electronically transmitted;
810 reducing the number of days within which the clerk
811 must furnish specified information to the Department
812 of Financial Services, the Office of Insurance
813 Regulation of the Financial Services Commission, and
814 the surety company at its home office; amending s.
815 903.28, F.S.; increasing the amount of time within
816 which a court must order remission of a forfeiture if
817 it determines that there was no breach of the bond;
818 requiring a court, in certain circumstances and upon a
819 certain motion, to direct remission in accordance with
820 specified provisions if a defendant surrenders, is
821 deceased, or is apprehended within a certain time
822 after forfeiture; deleting provisions relating to the
823 ordering of remission under specified circumstances;
824 decreasing the amount of time for which the clerk of
825 the circuit court and the state attorney must be given
826 notice before a certain hearing and be furnished with
827 copies of certain documents; requiring the clerk of
828 the circuit court to issue a remission within a
829 certain timeframe after the entry of a court order
830 directing remission; providing for accrual of interest
831 if remission is not issued within such timeframe;
832 providing that the court may order remission of the
833 forfeiture in certain circumstances; amending s.
834 903.29, F.S.; increasing the length of time from the
835 date of forfeiture of a bond within which a surety may
836 arrest the principal; amending s. 903.31, F.S.;
837 revising provisions relating to the ordering of a bond
838 cancellation; revising applicability; defining the
839 term “revoked”; specifying that the original
840 appearance bond does not guarantee a sentencing
841 deferral, a delayed sentencing, or an appearance after
842 entering a plea agreement; repealing s. 903.36, F.S.,
843 relating to guaranteed arrest bond certificates as
844 cash bail; reenacting and amending s. 907.041, F.S.;
845 requiring that a certain