HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 381 Breach of Bond Costs
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Maney
TIED BILLS: IDEN./SIM. BILLS: SB 1182
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N Padgett Hall
2) Commerce Committee 18 Y, 0 N Hinshelwood Hamon
3) Judiciary Committee 20 Y, 0 N, As CS Padgett Kramer
SUMMARY ANALYSIS
Bail is a common monetary condition of pretrial release, governed by ch. 903, F.S. Bail requires an arrestee to
pay a set sum of money to the court to be released from jail. As an alternative to posting the entire bail amount,
a defendant may use a criminal surety bail bond executed by a bail bond agent. To use the services of a bail
bond agent, an incarcerated person must pay a nonrefundable fee to the bail bond agent equal to 10 percent
of the bond amount set by the court. This contract obligates the bail bond agent to ensure a defendant appears
at all required court appearances. If a defendant fails to appear at a required court appearance, the bond is
breached, and the court is required to issue an order forfeiting the bond posted by the bail bond agent.
A bail bond agent is exonerated of any further liability on a bail bond if, prior to a breach of the bond, the bail
bond agent agrees to pay the transportation cost of returning a defendant who is incarcerated in another
county jail or prison to the jurisdiction of the court. A bail bond agent who makes such an agreement prior to a
breach of the bond can avoid the bond forfeiture and discharge process and is absolved from all future liability
on the bail bond. The “jurisdiction” to which the bail bond agent must return the defendant under s. 903.21(3),
F.S., is any county within the judicial circuit of the court which issued the bond. For example, to be exonerated
from liability on the bond, if a defendant is released on bail in Franklin County (Apalachicola) and is
subsequently arrested and detained in Duval County (Jacksonville), the bail bond agent is only required to pay
transportation costs to return the defendant to Jefferson County, the nearest county to Jacksonville that is in
the same judicial circuit as Franklin County. The Franklin County Sheriff’s Office is then responsible for the
costs associated with transporting the defendant from Jefferson County to Franklin County.
CS/HB 381 amends the definition of “jurisdiction” in s. 903.21(3), F.S., to require a bail bond agent to transport
an incarcerated defendant to the county from which the defendant was released on bail, rather than any county
in the same judicial circuit, in order to be exonerated from liability on a bond prior to a breach. The bill also
requires a bail bond agent to pay the costs and expenses incurred in returning a defendant to the court’s
jurisdiction, rather than just the cost of transportation. The bill defines “costs and expenses” as the prorated
salary of any law enforcement officer or employee of a contracted transportation company as well as the actual
expenses of transporting each defendant which may only consist of mileage, vehicle expenses, meals, and, if
necessary, overnight lodging for any law enforcement officer or employee of a contracted transportation
company and the defendant.
The bill provides a surety is only responsible for the itemized costs and expenses incurred for the transport of a
defendant to whom he or she has a fiduciary duty and is not liable for the costs and expenses incurred in
transporting any other defendant. Requiring a bail bond agent to transport a defendant to the county where he
or she was released on bond shifts the cost of transporting a defendant from the sheriff to the bail bond agent
who is profiting off the bond.
The bill may reduce expenditures incurred by sheriffs from transporting a defendant from a county within a
judicial circuit to the county from which the defendant was released on bail.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0381e.JDC
DATE: 1/26/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Pretrial Release
Article I, section 14, of the Florida Constitution provides, with some exceptions, that every person
charged with a crime or violation of a municipal or county ordinance is entitled to pretrial release on
reasonable grounds. A judge is required to presume that nonmonetary conditions 1 are sufficient for any
person to be granted pretrial release who is not charged with a dangerous crime. 2 Although a court has
the authority to impose any number of pretrial release conditions, it must impose conditions of release
that require the defendant to refrain from criminal activity and to refrain from contact with the victim.3 If
a defendant violates the pretrial release conditions, he or she may be arrested and held to answer
before the court having jurisdiction to try the defendant.4
Bail Bonds
Issuance of a Bail Bond
Bail is a common monetary condition of pretrial release that requires an arrestee to pay a set sum of
money to the court to be released from jail.5 As an alternative to posting the entire bail amount, a
defendant may use a criminal surety bail bond executed by a bail bond agent licensed under ch. 648,
F.S. 6 Generally, to use the services of a bail bond agent, an incarcerated person must pay a
nonrefundable fee to the bail bond agent equal to 10 percent of the bond amount set by the court.7 This
contract obligates the bail bond agent to ensure a defendant appears at all required court
appearances.8
Breach and Forfeiture of a Bail Bond
If a defendant fails to appear in court or violates any pretrial release conditions, he or she breaches the
bond and a court generally must declare the bond and any money deposited to be forfeited. 9 However,
this forfeiture requirement does not apply, even if there is a breach of the bond, when the information,
indictment, or affidavit in the criminal case was not filed within six months of arrest, or the clerk of the
court failed to provide the agent with at least 72 hours’ notice of the time and date of the required
appearance for the defendant.10 Within five days after forfeiture of a bond, the court must mail or
electronically transmit a notice to the bail bond agent and the surety company. 11 The value of the
1 Nonmonetary conditions include any condition that does not require the payment of a financial guarantee, such as releasing th e
arrestee on his or her recognizance, placement in a pretrial release program, or placing restrictions on the arrestee’s trave l, association,
or place of abode. See Fla. R. Crim. P. 3.131.
2 S. 907.041(3), F.S. “Dangerous crimes” include: arson; aggravated assault; aggravated battery; illegal use of explosives; chi ld a b u s e
or aggravated child abuse; abuse or aggravated abuse of an e lderly person or disabled adult; aircraft piracy; kidnapping; homicide;
manslaughter; sexual battery; robbery; carjacking; lewd, lascivious, or indecent assault or act upon or in presence of a chil d u n d e r th e
age of 16 years; sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of pers o n
in familial or custodial authority; burglary of a dwelling; stalking and aggravated stalking; act of domestic violence as def ined in s.
741.28, F.S.; home invasion robbery; act of terrorism as defined in s. 775.30, F.S.; manufacturing any substances in violation of chapter
893; attempting or conspiring to commit any such crime; and human trafficking. s. 907.041, F.S.
3 S. 903.047, F.S.
4 Ss. 903.0471 and 907.041, F.S.
5 S. 903.011, F.S.
6 S. 903.105, F.S.
7 Id. See also Florida Dept. of Financial Services, Bail Bonds Overview
https://www.myfloridacfo.com/division/consumers/understandingcoverage/bailbondsoverview.htm (last visited Jan. 26, 2022).
8 S. 903.045, F.S.
9 S. 903.26(2)(a), F.S.
10 S. 903.26(1), F.S.
11 S. 903.26(2)(a), F.S.
STORAGE NAME: h0381e.JDC PAGE: 2
DATE: 1/26/2022
forfeited bond must be paid by the bail bond agent within 60 days of the date the notice was mailed or
transmitted.12
Exoneration of Liability
A bail bond agent is exonerated of any further liability on a bail bond if, prior to a breach of the bond,
the bail bond agent agrees to pay the transportation cost of returning a defendant who is incarcerated in
another county jail or prison to the jurisdiction of the court. 13 A bail bond agent who makes such an
agreement prior to a breach of the bond can avoid the bond forfeiture and discharge process and is
absolved from all future liability on the bail bond. The term “transportation cost” is not defined in statute.
However, the Second District Court of Appeal has interpreted the term narrowly, applying only to actual
transportation expenses.14 This does not include ancillary costs associated with transportation, such as
the salary of the officers involved in transporting the defendant, vehicle costs, meals, and lodging.15
The “jurisdiction” to which the bail bond agent must return the defendant under s. 903.21(3), F.S., is any
county within the judicial circuit of the court which issued the bond. 16 This means a bail bond agent is
only required to pay the cost to return a defendant to the closest county from where the defendant is
incarcerated which lies within the same judicial circuit as the court that issued the bond. 17 For example,
to be exonerated from liability on the bond, if a defendant is released on bail in Franklin County
(Apalachicola) and is subsequently arrested and detained in Duval County (Jacksonville), the bail bond
agent is only required to pay transportation costs to return the defendant to Jefferson County, the
nearest county to Jacksonville that is in the same judicial circuit as Franklin County. The Franklin
County Sheriff’s Office is then responsible for the costs associated with transporting the defendant the
remaining 93 miles from Jefferson County to Franklin County. 18
Effect of Proposed Changes
CS/HB 381 amends the definition of “jurisdiction” in s. 903.21(3), F.S., to require a bail bond agent to
transport an incarcerated defendant to the county from which the defendant was released on bail,
rather than any county in the same judicial circuit, in order to be exonerated from liability on a bond
prior to a breach. The bill also requires a bail bond agent to pay the costs and expenses incurred in
returning a defendant to the court’s jurisdiction, rather than just the cost of transportation. The bill
defines “costs and expenses” as the prorated salary of any law enforcement officer or employee of a
contracted transportation company as well as the actual expenses of transporting each defendant
12 Id.
13 S. 903.21(3), F.S.
14 Easy Bail Bonds v. Polk County, 784 So. 2d 1173, 1177 (Fla. 2d DCA 2001).
15 Id. at 1176.
16 S. 903.21(3), F.S.
17
Section 26.021, F.S., provides Florida’s circuit courts are divided into 20 judicial circuits as follows:
First Circuit - Escambia, Okaloosa, Santa Rosa and Walton Counties.
Second Circuit - Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla Counties.
Third Circuit - Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor Counties.
Fourth Circuit - Clay, Duval and Nassau Counties.
Fifth Circuit - Citrus, Hernando, Lake, Marion and Sumter
Sixth Circuit - Pasco and Pinellas Counties.
Seventh Circuit - Flagler, Putnam, St. Johns and Volusia Counties.
Eighth Circuit - Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties.
Ninth Circuit - Orange and Osceola Counties.
Tenth Circuit - Hardee, Highlands and Polk Counties.
Eleventh Circuit - Miami-Dade County.
Twelfth Circuit - DeSoto, Manatee and Sarasota Counties.
Thirteenth Circuit – Hillsborough County.
Fourteenth Circuit - Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties.
Fifteenth Circuit - Palm Beach County.
Sixteenth Circuit – Monroe County.
Seventeenth Circuit – Broward County.
Eighteenth Circuit - Brevard and Seminole Counties.
Nineteenth Circuit - Indian River, Martin, Okeechobee and St. Lucie Counties.
Twentieth Circuit - Charlotte, Collier, Glades, Hendry and Lee Counties.
18 Google Maps, http://www.google.com/maps/dir (last visited Jan. 26, 2022).
STORAGE NAME: h0381e.JDC PAGE: 3
DATE: 1/26/2022
which may only consist of mileage, vehicle expenses, meals, and, if necessary, overnight lodging for
any law enforcement officer or employee of a contracted transportation company and the defendant.
The bill provides a surety is only responsible for the itemized costs and expenses incurred for the
transport of a defendant to whom he or she has a fiduciary duty and is not liable for the costs and
expenses incurred in transporting any other defendant. Requiring a bail bond agent to transport a
defendant to the county where he or she was released on bond shifts the cost of transporting a
defendant from the sheriff to the bail bond agent who is profiting off the bond.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 903.21, F.S., relating to method of surrender; exoneration of obligors.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may reduce expenditures incurred by sheriffs from transporting a defendant from a county
within a judicial circuit to the county from which a defendant was released on bail.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may require a bail bond agent to transport a defendant a greater distance, thereby shifting the
cost of transporting a defendant from the sheriff to the bail bond agent.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
STORAGE NAME: h0381e.JDC PAGE: 4
DATE: 1/26/2022
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 26, 2022, the Judiciary Committee adopted one amendment and reported the bill favorably as a
committee substitute. The amendment:
Provided a surety is responsible for the itemized costs and expenses incurred for the transport of a
defendant to whom he or she has a fiduciary duty and is not liable for the costs of transporting any
other defendant.
Defined the term “costs and expenses.”
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
STORAGE NAME: h0381e.JDC PAGE: 5
DATE: 1/26/2022
Statutes affected: H 381 Filed: 903.21
H 381 c1: 903.21
H 381 er: 903.21