House Bill 323 amends several provisions of Florida Statutes concerning bail bonds, focusing on the requirements and conditions for pretrial release and the forfeiture of bail bonds. Key changes include stipulating that any monetary component of pretrial release must be satisfied through a surety bond or specific forms of currency, such as cashier's checks or postal money orders. The bill expands the definition of who can execute a bail bond to include Florida residents, removes the ineligibility for recognizance bonds for defendants who fail to appear but later surrender, and eliminates provisions allowing courts to set release conditions based on circumstances beyond a defendant's control. Additionally, it repeals certain sections related to the sufficiency of sureties and cash bail substitution, aiming to streamline the bail bond process and enhance accountability.
Further amendments address the forfeiture process, requiring state and county officials to deposit forfeited funds into the fine and forfeiture fund, while removing the obligation for municipal officials to do the same. The bill modifies the timeline for discharging forfeitures, extending the application period for remission from two years to 1,095 days, and establishes a tiered remission system based on the promptness of the defendant's apprehension. It also mandates that the clerk of the circuit court issue remission within 10 days of a court order, with interest accruing on delays. Additionally, the bill introduces a requirement for public safety coordinating councils to include a licensed bail agent, enhancing collaboration within the criminal justice system. The bill is set to take effect on July 1, 2025.
Statutes affected: H 323 Filed: 903.011, 903.045, 903.046, 903.047, 903.0471, 903.05, 903.08, 903.09, 903.101, 903.16, 903.17, 903.21, 903.26, 903.28, 903.29, 951.26