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 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 conditions for bond discharge, extends the time for sureties to arrest a principal after forfeiture, and clarifies the notification process for bond forfeiture.
The bill also introduces new timelines and conditions for discharging forfeitures, including a 60-day period for the court to discharge a forfeiture if certain conditions are met. It extends the application period for remission of forfeiture from two years to 1,095 days and establishes a tiered remission percentage based on the promptness of the defendant's apprehension. Furthermore, it specifies that remission may only be ordered as outlined in the bill and requires the clerk of the circuit court to issue remission within 10 days of a court order. The bill also includes provisions for the inclusion of licensed bail agents on public safety coordinating councils, aiming to enhance collaboration within the criminal justice system. Overall, these amendments seek to streamline the bail bond process and clarify the roles and responsibilities of sureties and the courts.
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