Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1424
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01591-24                                           20241424__
                      A bill to be entitled                      
       An act relating to pretrial release; creating s.
       903.001, F.S.; abolishing monetary bail after a
       specified date; providing exceptions; providing a
       directive to the Division of Law Revision; amending s.
       903.011, F.S.; providing that the terms “bail” and
       “bond” in the Florida Statutes include any and all
       forms of pretrial release; conforming provisions to
       changes made by the act; amending ss. 903.02, 903.03,
       and 903.035, F.S.; conforming provisions to changes
       made by the act; amending s. 903.0351, F.S.;
       conforming provisions to changes made by the act;
       providing a date; repealing s. 903.045, F.S., relating
       to the nature of criminal surety bail bonds; amending
       ss. 903.046 and 903.047, F.S.; conforming provisions
       to changes made by the act; repealing s. 903.05, F.S.,
       relating to qualification of sureties; repealing s.
       903.06, F.S., relating to validity of undertakings by
       minors; amending s. 903.101, F.S.; conforming
       provisions to changes made by the act; repealing s.
       903.105, F.S., relating to appearance bonds; amending
       ss. 903.131, 903.132, and 903.133, F.S.; conforming
       provisions to changes made by the act; repealing s.
       903.14, F.S., relating to contracts to indemnify
       sureties; repealing s. 903.16, F.S., relating to the
       deposit of money or bonds as bail; repealing s.
       903.17, F.S., relating to substitution of cash bail
       for other bail; repealing s. 903.18, F.S., relating to
       bail after deposit of money or bonds; repealing s.
       903.20, F.S., relating to surrender of defendant;
       repealing s. 903.21, F.S., relating to method of
       surrender and exoneration of obligors; repealing s.
       903.22, F.S., relating to arrest of principal by
       surety before forfeiture; repealing s. 903.26, F.S.,
       relating to forfeiture of the bond; repealing s.
       903.27, F.S., relating to forfeiture to judgment;
       repealing s. 903.28, F.S., relating to remission of
       forfeiture; repealing s. 903.286, F.S., relating to
       return of cash bond; repealing s. 903.29, F.S.,
       relating to arrest of principal by surety after
       forfeiture; repealing s. 903.31, F.S., relating to
       canceling a bond; repealing s. 903.32, F.S., relating
       to defects in a bond; repealing s. 903.33, F.S.,
       relating to bail not being discharged for certain
       defects; repealing s. 903.34, F.S., relating to who
       may admit a defendant to bail; repealing s. 903.36,
       F.S., relating to guaranteed arrest bond certificates
       as cash bail; amending ss. 16.713, 27.52, 44.407,
       61.125, 79.08, 142.01, 142.09, 316.027, 316.635,
       316.650, 321.05, 322.25, 322.26, 322.28, 327.74,
       341.3025, 384.281, 394.915, 648.44, 648.442, 648.571,
       741.2901, 741.30, 784.046, 784.0485, 784.0495,
       825.1035, 843.15, 870.01, 870.02, 900.05, 901.07,
       901.08, 907.04, 907.041, 907.043, 908.105, 918.03,
       918.04, 921.0022, 924.071, 924.16, 925.08, 939.14,
       941.03, 941.10, 941.13, 941.15, 941.16, 941.17,
       941.18, 941.22, 941.23, 941.26, 941.32, 944.405,
       947.22, 948.06, 951.26, and 960.001, F.S.; conforming
       provisions to changes made by the act; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Section 903.001, Florida Statutes, is created to
read:
       903.001 Abolition of monetary bail.—Beginning July 1, 2024,
the requirement of posting monetary bail is abolished, except as
provided in the Driver License Compact, the Nonresident Violator
Compact, and the Wildlife Violator Compact, which are compacts
that have been entered into between this state and its sister
states.
       Section 2. The Division of Law Revision is directed to
change the title of chapter 903, Florida Statutes, to “Pretrial
Release.”
       Section 3. Section 903.011, Florida Statutes, is amended to
read:
       903.011 Pretrial release; general terms; statewide uniform
bond schedule.—
       (1) As used in the Florida Statutes this chapter, the terms
“bail” and “bond” include any and all forms of pretrial release.
       (2) Any monetary or cash component of any form of pretrial
release may be met by a surety bond.
       (3) Differing monetary amounts may not be set for cash,
surety, or other forms of pretrial release.
       (4) Except as authorized in subsection (5), only a judge
may set, reduce, or otherwise alter a defendant’s bail. Upon
motion by a defendant, or on the court’s own motion, a court may
reconsider the monetary component of a defendant’s bail if he or
she is unable to post a monetary bond.
       (5)(a) Beginning January 1, 2024, and annually thereafter,
the Supreme Court must adopt a uniform statewide bond schedule
for criminal offenses not described in subsection (6) for which
a person may be released on bail before and in lieu of his or
her first appearance hearing or bail determination. The Supreme
Court must make the revised uniform statewide bond schedule
available to each judicial circuit.
       (b) Except as provided in paragraph (c), the chief judge of
a judicial circuit may not establish a local bond schedule that
sets a lower bond amount than that required by the uniform
statewide bond schedule for the purpose of setting a defendant’s
bail before a first appearance hearing or bail determination.
       (c) The chief judge of a judicial circuit may petition the
Supreme Court for approval of a local bond schedule that sets a
lower bond amount than that required by the uniform statewide
bond schedule. If the Supreme Court reviews and approves the
local bond schedule, such schedule may be used for the purpose
of setting a defendant’s bail before a first appearance hearing
or bail determination pending the adoption of a new or revised
uniform statewide bond schedule pursuant to paragraph (a).
       (d) The chief judge of a judicial circuit may establish a
local bond schedule that increases the monetary bond applicable
to an offense that is included in the uniform statewide bond
schedule adopted by the Supreme Court. Such a deviation from the
uniform statewide bond schedule does not require approval by the
Supreme Court.
       (e) In adopting the uniform statewide bond schedule or
reviewing a petition for a local bond schedule that deviates
from the uniform statewide bond schedule, the Florida Supreme
Court shall evaluate the amount of monetary bond necessary to
protect the community from risk of physical harm, to assure the
presence of the accused at trial, and to protect the integrity
of the judicial process.
       (f) The uniform statewide bond schedule shall not bind a
judge in an individual case who is conducting a first appearance
hearing or bail determination.
       (2)(6) A person may not be released before his or her first
appearance hearing or pretrial release bail determination and a
judge must determine pretrial release the appropriate bail, if
any, based on an individualized consideration of the criteria in
s. 903.046(2), if the person meets any of the following
criteria:
       (a) The person was, at the time of arrest for any felony,
on pretrial release, probation, or community control in this
state or any other state;
       (b) The person was, at the time of arrest, designated as a
sexual offender or sexual predator in this state or any other
state;
       (c) The person was arrested for violating a protective
injunction;
       (d) The person was, at the time of arrest, on release from
supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
944.4731;
       (e) The person has, at any time before the current arrest,
been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
prison releasee reoffender, habitual violent felony offender,
three-time violent felony offender, or violent career criminal;
       (f) The person has been arrested three or more times in the
6 months immediately preceding his or her arrest for the current
offense; or
       (g) The person’s current offense of arrest is for one or
more of the following crimes:
       1. A capital felony, life felony, felony of the first
degree, or felony of the second degree;
       2. A homicide under chapter 782; or any attempt,
solicitation, or conspiracy to commit a homicide;
       3. Assault in furtherance of a riot or an aggravated riot;
felony battery; domestic battery by strangulation; domestic
violence, as defined in s. 741.28; stalking; mob intimidation;
assault or battery on a law enforcement officer; assault or
battery on juvenile probation officer, or other staff of a
detention center or commitment facility, or a staff member of a
commitment facility, or health services personnel; assault or
battery on a person 65 years of age or older; robbery; burglary;
carjacking; or resisting an officer with violence;
       4. Kidnapping, false imprisonment, human trafficking, or
human smuggling;
       5. Possession of a firearm or ammunition by a felon,
violent career criminal, or person subject to an injunction
against committing acts of domestic violence, stalking, or
cyberstalking;
       6. Sexual battery; indecent, lewd, or lascivious touching;
exposure of sexual organs; incest; luring or enticing a child;
or child pornography;
       7. Abuse, neglect, or exploitation of an elderly person or
disabled adult;
       8. Child abuse or aggravated child abuse;
       9. Arson; riot, aggravated riot, inciting a riot, or
aggravated inciting a riot; or a burglary or theft during a
riot;
       10. Escape; tampering or retaliating against a witness,
victim, or informant; destruction of evidence; or tampering with
a jury;
       11. Any offense committed for the purpose of benefiting,
promoting, or furthering the interests of a criminal gang;
       12. Trafficking in a controlled substance, including
conspiracy to engage in trafficking in a controlled substance;
       13. Racketeering; or
       14. Failure to appear at required court proceedings while
on pretrial release bail.
       Section 4. Section 903.02, Florida Statutes, is amended to
read:
       903.02 Actions following denial; changes in pretrial
release bail conditions or bond amount; separation by charge or
offense.—
       (1) If application for pretrial release bail is made to an
authorized court and denied, no court of inferior jurisdiction
shall admit the applicant to pretrial release bail unless such
court of inferior jurisdiction is the court having jurisdiction
to try the defendant.
       (2) No judge of a court of equal or inferior jurisdiction
may remove a condition of pretrial release bail or reduce the
amount of bond required, unless such judge:
       (a) Imposed the conditions of pretrial release bail or set
the amount of bond required;
       (b) Is the chief judge of the circuit in which the
defendant is to be tried;
       (c) Has been assigned to preside over the criminal trial of
the defendant; or
       (d) Is the designee of the chief judge and a judge has not
yet been assigned to the criminal trial.
       (3) The term “court,” as used in this chapter, includes all
state courts.
       (4) Any judge setting or granting monetary bail shall set a
separate and specific bail amount for each charge or offense.
When bail is posted, each charge or offense requires a separate
bond.
       Section 5. Section 903.03, Florida Statutes, is amended to
read:
       903.03 Jurisdiction of trial court to admit to pretrial
release bail; duties and responsibilities of Department of
Corrections.—
       (1) After a person is held to answer by a trial court
judge, the court having jurisdiction to try the defendant shall,
before indictment, affidavit, or information is filed, have
jurisdiction to hear and decide all preliminary motions
regarding pretrial release bail and production or impounding of
all articles, writings, moneys, or other exhibits expected to be
used at the trial by either the state or the defendant.
       (2)(a) The Department of Corrections shall have the
authority on the request of a circuit court when a person
charged with a noncapital crime or bailable offense for which
pretrial release is available is held, to make an investigation
and report to the court, including:
       1. The circumstances of the accused’s family, employment,
financial resources, character, mental condition, and length of
residence in the community;
       2. The accused’s record of convictions, of appearance at
court proceedings, of flight to avoid prosecution, or failure to
appear at court proceedings; and
       3. Other facts that may be needed to assist the court in
its determination of the indigency of the accused and whether
she or he should be released on her or his own recognizance.
       (b) The court shall not be bound by the recommendations.
       Section 6. Section 903.035, Florida Statutes, is amended to
read:
       903.035 Applications for pretrial release bail; information
provided; hearing on application for modification; penalty for
providing false or misleading information or omitting material
information.—
       (1)(a) All information provided by a defendant, in
connection with any application for or attempt to secure
pretrial release bail, to any court, court personnel, or
individual soliciting or recording such information for the
purpose of evaluating eligibility for, or securing, pretrial
release bail for the defendant, under circumstances such that
the defendant knew or should have known that the information was
to be used in connection with an application for pretrial
release bail, shall be accurate, truthful, and complete without
omissions to the best knowledge of the defendant.
       (b) The failure to comply with the provisions of paragraph
(a) may result in the revocation or modification of pretrial
release bail.
       (2) An application for modification of pretrial release
bail on any felony charge must be heard by a court in person, at
a hearing with the defendant present, and with at least 3 hours’
notice to the state attorney.
       (3) Any person who intentionally provides false or
misleading material information or intentionally omits material
information in connection with an application for pretrial
release bail or for modification of pretrial release commits
bail is guilty of a misdemeanor or felony which is one degree
less than that of the crime charged for which pretrial release
bail is sought, but which in no event is greater than a felony
of the third degree, punishable as provided in s. 775.082 or s.
775.083.
       Section 7. Section 903.0351, Florida Statutes, is amended
to read:
       903.0351 Restrictions on pretrial release pending
probation-violation hearing or community-control-violation
hearing.—
       (1) In the instance of an alleged violation of felony
probation or community control, bail or any other form of
pretrial release shall not be granted prior to the resolution of
the probation-violation hearing or the community-control
violation hearing to:
       (a) A violent felony offender of special concern as defined
in s. 948.06;
       (b) A person who is on felony probation or community
control for any offense committed on or after March 12, 2007,
the effective date of this act and who is arrested for a
qualifying offense as defined in s. 948.06(8)(c); or
       (c) A person who is on felony probation or community
control and has previously been found by a court to be a
habitual violent felony offender as defined in s. 775.084(1)(b),
a three-time violent felony offender as defined in s.
775.084(1)(c), or a sexual predator under s. 775.21, and who is
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