House Bill 323 amends various provisions of Florida Statutes concerning bail bonds, focusing on pretrial release conditions and the forfeiture process. Key changes include the requirement that any monetary component of pretrial release must be satisfied through a surety bond or specific forms of currency, such as a cashier's check. 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 modifies the bond forfeiture process, including the discharge of bonds upon revocation, extends the time frame for sureties to arrest principals after forfeiture, and clarifies conditions for surety exoneration.
The bill also introduces significant changes to the remission of forfeitures, including the removal of specific conditions for granting remission and reducing the notice period for hearings from 20 days to 10 days. It establishes a requirement for clerks to issue remissions within 10 days of a court order, with interest accruing on any remissions not issued in that timeframe. Furthermore, the bill expands public safety coordinating councils to include a licensed bail agent and modifies the time frame for a surety to arrest a principal after forfeiture from two years to three years. Overall, House Bill 323 aims to streamline the bail bond and forfeiture processes while enhancing the role of bail agents in public safety initiatives.
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