Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1542
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00449A-24                                          20241542__
                      A bill to be entitled                      
       An act relating to bail bonds; amending s. 903.011,
       F.S.; revising the monetary requirements for pretrial
       release to include cash bail bonds; amending s.
       903.045, F.S.; deleting surety bail bonds for criminal
       offenses; authorizing residents of this state to
       execute bail bonds; revising the obligation of
       defendants to appear at all criminal proceedings to
       include residents of this state if they execute such
       bail bonds; amending s. 903.046, F.S.; deleting all
       surety commitments related to bail bonds; deleting the
       court’s discretion related to a defendant’s conditions
       of release; making technical changes; amending s.
       903.0471, F.S.; requiring posted bonds to be
       discharged by the clerk of the court without further
       order of the court if a defendant is found to have
       violated a condition of pretrial release; repealing s.
       903.08, F.S., relating to sufficiency of surety bail
       bonds; amending s. 903.09, F.S.; requiring certain
       sureties to post bail equal to the bond amount;
       prohibiting one bail posting to be used for multiple
       bonds; deleting a requirement that a surety execute an
       affidavit stating she or he possesses the remaining
       funds or assets to post the remainder of the surety
       bond; amending s. 903.101, F.S.; conforming a
       provision to changes made by the act; amending s.
       903.16, F.S.; requiring, rather than authorizing, a
       defendant, or a person acting on the defendant’s
       behalf, to deposit bail money of an amount equal to
       the bail amount set by the court; requiring the
       official receiving the deposit to issue a receipt for
       it in the name of the defendant; requiring, rather
       than authorizing, certain officials to remit only
       money, rather than money or bonds, to the clerk to be
       held for a certain timeframe; deleting the clerk’s
       presumed consent to sell bonds deposited as bail after
       forfeiture of the bonds; repealing s. 903.17, F.S.,
       relating to the substitution of cash bail for other
       bail; amending ss. 903.18 and 903.20, F.S.; making
       technical changes; amending s. 903.21, F.S.; requiring
       the clerk to discharge a bond under certain
       conditions; making technical changes; amending s.
       903.26, F.S.; requiring, rather than authorizing,
       notice to the surety to be electronically transmitted
       in a certain manner; requiring the clerk of the court
       to electronically transmit to certain persons notice
       of bond forfeiture; requiring such notice to include
       certain information; deleting a requirement that
       municipal officials having custody of the forfeited
       money must deposit the money in a designated municipal
       fund; deleting certain requirements of the clerk of
       the court when a bond is forfeited; revising the
       state’s time to respond to seek extradition of a
       fugitive defendant after receiving written notice from
       the surety agent or bail agency; creating a
       presumption that the state is unwilling to seek
       extradition of a fugitive defendant if the state does
       not respond in writing within a specified timeframe;
       providing that such unresponsiveness may be admitted
       as evidence in extradition proceedings; requiring the
       state to enter a defendant into the National Crime
       Information Center database for the National Law
       Enforcement Telecommunications System region or
       regions within a specified timeframe if the state is
       willing to extradite a fugitive defendant; prohibiting
       the clerk, under certain circumstances, from
       discharging certain costs and expenses incurred in
       returning the defendant to the jurisdiction of the
       court; requiring the clerk to discharge the forfeiture
       and issue notice of the discharge to the surety;
       requiring remission of payment to be granted pursuant
       to certain motions if the disposition of the case
       occurs after payment of a forfeiture or judgment;
       prohibiting the clerk from objecting to any motions to
       set aside a forfeiture, discharge a bond, or reinstate
       bond if the time for payment or discharge of a
       forfeiture has not elapsed; making technical changes;
       amending s. 903.27, F.S.; conforming provisions to
       changes made by the act; deleting obsolete language;
       making technical changes; amending s. 903.28, F.S.;
       revising the timeframe for an applicant seeking
       remission of a bond forfeiture if the application has
       been filed and the required notice is transmitted;
       providing requirements for applying for remission;
       revising the timeframe for remission for a defendant
       who surrenders or is deceased, deported, or
       apprehended after forfeiture; requiring the court to
       direct remission of the forfeited bond if the
       defendant surrenders, is deceased, is deported, or is
       apprehended within a specified timeframe or if the
       surety apprehends and surrenders or assists in the
       apprehension and surrender of a defendant; revising
       the remission schedule if the defendant is brought
       before the court within certain timeframes after
       forfeiture; requiring the court to remit 100 percent
       of the forfeiture if the state is unwilling to seek
       extradition or fails to place a detainer on a
       defendant in custody outside the jurisdiction;
       requiring that certain timeframes be tolled when a
       defendant is held outside the 50 states of the United
       States if the state is willing to extradite the
       defendant and the surety agent or surety company
       consents to pay all costs and expenses incurred by an
       official in returning the defendant to the
       jurisdiction of the court; requiring, rather than
       authorizing, the court to order remission of
       forfeiture if the surety can show proof of attempts
       made by the surety to apprehend the defendant or
       surrender him or her back to the jurisdiction of the
       court; revising the time to deliver notice to the
       clerk of the circuit court and the state attorney
       before a hearing on an application for remission;
       authorizing the clerk to charge interest for the
       remission of forfeiture; establishing the due date for
       remission; amending s. 903.29, F.S.; revising the
       timeframe within which a surety may arrest a principal
       to bring him or her to the official in whose custody
       the principal should be; amending s. 903.31, F.S.;
       requiring the clerk to discharge a bond if the case
       the bond is under has been resolved within a specified
       timeframe; revising the exceptions to exclude cases in
       which a forfeiture was set aside or reinstated by the
       court or a new bond was posted; providing that an
       original appearance bond is not a guarantee for a
       sentencing deferral; making technical changes;
       amending s. 924.065, F.S.; deleting the requirement
       that an appellant retain at least two sureties for a
       supersedeas bond; deleting conditions placed on
       supersedeas bonds; amending s. 951.26, F.S.; adding a
       licensed bail agent to the membership of public safety
       coordinating councils; reenacting s. 903.36(4), F.S.,
       relating to guaranteed arrest bond certificates as
       cash bail, to incorporate the amendment made to s.
       903.045, F.S., in a reference thereto; reenacting ss.
       903.047(1)(c) and 907.041(5)(c) and (d), F.S.,
       relating to conditions of pretrial release and
       pretrial detention and release, respectively , to
       incorporate the amendment made to s. 903.046, F.S., in
       references thereto; reenacting s. 903.286, F.S.,
       relating to the return of cash bonds and requirements
       to withhold unpaid fines, fees, and court costs, to
       incorporate the amendments made to ss. 903.09 and
       903.31, F.S., in references thereto; reenacting s.
       924.14, F.S., relating to stays of execution when a
       defendant appeals, to incorporate the amendment made
       in s. 924.065, F.S., in a reference thereto;
       reenacting ss. 394.657(1) and (3)(a), 921.187(1)(p),
       and 948.51(2), F.S., relating to county planning
       councils or committees, disposition and sentencing
       alternatives, and community corrections assistance to
       counties or county consortiums, respectively, to
       incorporate the amendment made to s. 951.26, F.S., in
       references thereto; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (2) of section 903.011, Florida
Statutes, is amended, and subsection (6) of that section is
republished, to read:
       903.011 Pretrial release; general terms; statewide uniform
bond schedule.—
       (2) Any monetary or cash component of any form of pretrial
release must may be met by a surety bond or cash bond.
       (6) A person may not be released before his or her first
appearance hearing or bail determination and a judge must
determine 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 bail.
       Section 2. Section 903.045, Florida Statutes, is amended to
read:
       903.045 Nature of criminal surety bail bonds.—It is the
public policy of this state and the intent of the Legislature
that a criminal surety bail bond, executed by a bail bond agent
licensed pursuant to chapter 648 or by a resident of this state,
in connection with the pretrial or appellate release of a
criminal defendant, shall be construed as a commitment by and an
obligation upon the bail bond agent or the resident of this
state to ensure that the defendant appears at all criminal
proceedings for which the surety bond is posted.
       Section 3. Paragraph (d) of subsection (2) of section
903.046, Florida Statutes, is amended to read:
       903.046 Purpose of and criteria for bail determination.—
       (2) When determining whether to release a defendant on bail
or other conditions, and what that bail or those conditions may
be, the court shall consider:
       (d) The defendant’s past and present conduct, including any
record of convictions, previous flight to avoid prosecution, or
failure to appear at court proceedings. However, any defendant
who had failed to appear on the day of any required court
proceeding in the case at issue, but who had later voluntarily
appeared or surrendered, shall not be eligible for a
recognizance bond; and any defendant who failed to appear on the
day of any required court proceeding in the case at issue and
who was later arrested shall not be eligible for a recognizance
bond or for any form of bond which does not require a monetary
undertaking or commitment equal to or greater than $2,000 or
twice the value of the monetary commitment or undertaking of the
original bond, whichever is greater. Notwithstanding anything in
this section, the court has discretion in determining conditions
of release if the defendant proves circumstances beyond his or
her control for the failure to appear. This section may not be
construed as imposing additional duties or obligations on a
governmental entity related to monetary bonds.
       Section 4. Section 903.0471, Florida Statutes, is amended
to read:
       903.0471 Violation of condition of pretrial release.
Notwithstanding s. 907.041, a court may, on its own motion,
revoke pretrial release and order pretrial detention if the
court finds probable cause to believe that the defendant
committed a new crime while on pretrial release or violated any
other condition of pretrial release in a material respect. Upon
entry of such revocation or detention, any bond previously
posted as a condition of pretrial release shall be discharged by
the clerk of the court without further order of the court.
       Section 5. Section 903.08, Florida Statutes, is repealed.
       Section 6. Subsection (1) of section 903.09, Florida
Statutes, is amended to read:
       903.09 Justification of sureties.—
       (1) A surety, other than a bail bond agent as defined in s.
648.25, shall justify her or his suretyship by attaching to the
bond United States currency, a United States postal money order,
or a cashier’s check in the amount of the bond; however, the
United States currency, United States postal money order, or
cashier’s check may not be used to secure more than one bond
shall execute an affidavit stating that she or he possesses the
qualifications and net worth required to become a surety. The
affidavit shall describe the surety’s property and any
encumbrances a