House Bill 323 amends various provisions of Florida Statutes concerning bail bonds, focusing on pretrial release and the forfeiture of bail bonds. 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 mandates clerks to discharge bonds without a court order upon revocation and modifies the process for bond discharge, enhancing accountability for both defendants and sureties.

The bill also addresses the forfeiture of bail bonds by requiring state and county officials to deposit forfeited funds into the fine and forfeiture fund, while removing the previous obligation for municipal officials to do the same. It introduces new timelines for the discharge of forfeitures, extending the application period for remission from two years to 1,095 days, and establishes a tiered remission percentage based on the promptness of a defendant's apprehension. Furthermore, it clarifies that if the state declines to extradite a defendant after a surety's request, the court must direct a 100% remission of the forfeiture, contingent upon the surety covering the costs of returning the defendant. The bill also includes provisions for the inclusion of licensed bail agents on public safety coordinating councils and 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