HB 1017 — Bail Bonds

If such a prohibition exists, the designation may be signed after the detainee's release to ratify a previous oral designation made by him or her.

A solicitation to a detainee may occur only after a legitimate request for bail services has been received from the detainee or an individual specified in this paragraph.

The solicitation of a person specified in this paragraph may only occur between 8 a.m.

and 9 p.m., unless the bail bond agent or bail bond agency has received direct and specific written authorization from the detainee or the detainee's attorney to solicit at another time.

(k)(j) Accept anything of value from a principal for Page 8 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 providing a bail bond aside from except the premium, a credit card merchant processing fee, a mobile payment services fee or similar charge which must be separate from and not considered premium, and a transfer fee authorized by the office, except that the bail bond agent or bail bond agency may accept collateral security or other indemnity from the principal or another person in accordance with s.

Section(9)(a) 4.A Any person who violates paragraph (1)(f), paragraph (1)(g), paragraph (1)(h), paragraph (1)(k), paragraph (1)(o), any provisions of paragraph (1)(e), paragraph (1)(f), paragraph (1)(g), paragraph (1)(j), or paragraph (1)(n), or subsection (2) commits a felony of the third degree, punishable Page 9 of 44 CODING:

Subsection (2) of section 903.011, Florida Page 8 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 Statutes,as isprovided amendedin tos. read:

775.082, s.

775.083, or s.

775.084.

(b) A Any person who violates the provisions of paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(i), paragraph (1)(l), paragraph (1)(n), paragraph (1)(p), paragraph (1)(q), paragraph (1)(h), paragraph (1)(k), paragraph (1)(m), paragraph (1)(o), paragraph (1)(p), subsection (3), subsection (4), or subsection (5) commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 4.

Subsection (2) of section 903.011, Florida Statutes, is amended to read:

However, any defendantPage who10 had failed to appear on the day of any44 requiredCODING: court proceeding in the case at issue, but who had later voluntarily appeared or surrendered, is not 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 is not shall not be eligible for a recognizance bond or for any form of bond which does not require the greater of a monetary undertaking or commitment equal to or greater than $2,000 or twice the value of Page 9 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 thedefendant monetarywho commitmenthad orfailed undertakingto appear on the day of any required court proceeding in the originalcase bond,at whicheverissue, but who had later voluntarily appeared or surrendered, is greater.not 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 is not shall not be eligible for a recognizance bond or for any form of bond which does not require the greater of 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.

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 otherPage condition11 of pretrial44 releaseCODING: in a material respect.

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 other condition of pretrial release in a material respect.

903.05 Qualification of sureties.—A surety for the release Pageof 10a person on bail, other than a company authorized by law to act as a surety, shall be a resident of 42the CODING:state or own real estate within the state.

Words stricken are deletions;

words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 of a person on bail, other than a company authorized by law to act as a surety, shall be a resident of the state or own real estate within the state.

The affidavit shall describe the surety's property and any encumbrancesPage and12 shall state the number and amount of any44 bondsCODING: entered into by the surety at any court that remain undischarged.

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 encumbrances and shall state the number and amount of any bonds entered into by the surety at any court that remain undischarged.

903.05, 903.06, 903.08, and Page903.09, 11and every person who is currently licensed by the Department of 42Financial CODING:Services and registered as required by s.

Words stricken are deletions;

words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 903.09, and every person who is currently licensed by the Department of Financial Services and registered as required by s.

903.16 Deposit of money or bonds as bail.— (1) A defendant who has been admitted to bail, or another person in the defendant's behalf, may deposit with the official authorized to take bail money an amount equal to the bail amount set in the court orderorder. or nonregistered bonds of the United States, the state, or a city, town, or county in the state, equal in market value to the amount set in the order and the personal bond of the defendant and an undertaking by the depositor if the money or bonds are deposited by another.

TheSuch sheriffdeposit ormust otherbe officialsreceipted shallin maythe remitname moneyof the defendant or nonregistered bonds receivedof tothe United States, the clerkstate, toor bea heldcity, bytown, theor clerkcounty pendingin courtthe actionstate, orequal returnin market value to the amount set in the order and the personal bond of the defendant and an undertaking by the depositor if the money or depositor.bonds are deposited by another.

The clerkPage shall13 acceptof money44 orCODING: bonds remitted by the sheriff.

(2) A deposit under subsection (1) must be receipted in the name of the person making the deposit unless such deposit is made by a charitable bail fund registered as a nonprofit organization under s.

501(c)(3) of the United States Internal Revenue Code.

If the deposit is made by a charitable bail fund, the deposit must be receipted in the name of the defendant.

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hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 (2)sheriff Consentor isother conclusivelyofficials presumedshall formay theremit clerkmoney ofor thebonds circuitreceived courtto the clerk to sellbe bondsheld depositedby asthe bailclerk afterpending forfeiturecourt ofaction or return to the bond.defendant or depositor.

The clerk shall accept money or bonds remitted by the sheriff.

(2) Consent is conclusively presumed for the clerk of the circuit court to sell bonds deposited as bail after forfeiture of the bond.

"Costs and expenses" means the prorated salary of any law enforcement officer or employee of a contracted transportation company as well as the actual expenses of transporting each defendant, which may only consist of mileage, vehiclePage expenses,14 meals, and, if necessary, overnight lodging for any law enforcement officer or employee of a44 contractedCODING: transportation company and the defendant.

2.

"Jurisdiction" means the county from which the Page 13 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 defendantvehicle wasexpenses, releasedmeals, onand, bail.if necessary, overnight lodging for any law enforcement officer or employee of a contracted transportation company and the defendant.

2.

"Jurisdiction" means the county from which the defendant was released on bail.

A certificationcertificate signed by the clerk of the court or the clerk's designee which certifies that the notice required under this paragraph was mailed or electronically transmitted on a specificspecified date mustand accompanytime orand bewhich includedis onaccompanied by a copy of the required notice.notice constitutes sufficient proof that such mailing or electronic transmission was properly accomplished as required in this paragraph.

(2)(a)Page If15 there is a failure of the44 defendantCODING: to appear as required, the court must shall declare the bond and any bonds or money deposited as bail forfeited.

The clerk of the court shall mail or electronically transmit a notice to the surety agent, bail bond agency, and surety company within 5 days after the forfeiture.

A certificate signed by the clerk of the court or the clerk's designee which certifies, certifying that the notice Page 14 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 required(2)(a) underIf thisthere sectionis herein was mailed or electronically transmitted on a specifiedfailure dateof andthe whichdefendant isto accompaniedappear byas arequired, copy of the requiredcourt noticemust constitutes, shall constitutedeclare sufficientthe proofbond thatand suchany mailingbonds or electronicmoney transmissiondeposited was properly accomplished as requiredbail inforfeited. this paragraph indicated therein.

The clerk of the court shall mail or electronically transmit a notice to the surety agent, bail bond agency, and surety company within 5 days after the forfeiture.

A certificate signed by the clerk of the court or the clerk's designee which certifies, certifying that the notice required under this section herein was mailed or electronically transmitted on a specified date and which is accompanied by a copy of the required notice constitutes, shall constitute sufficient proof that such mailing or electronic transmission was properly accomplished as required in this paragraph indicated therein.

Such forfeiture must shall be automatically entered by the clerk upon such failure to appear,Page and16 theof clerk44 shallCODING: follow the procedures in paragraph (a).

However, the court may determine, in its discretion and, in the interest of justice, that an appearance by the defendant on the same day as required day does not warrant forfeiture of the bond;

and the court may direct the clerk to set aside any such forfeiture which may have been entered.

Any appearance by the defendant later than the required day constitutes forfeiture of Page 15 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 theappear, bond, and the courtclerk may shall notfollow precludethe entryprocedures ofin suchparagraph forfeiture(a). by the clerk.

However, the court may determine, in its discretion and, in the interest of justice, that an appearance by the defendant on the same day as required day does not warrant forfeiture of the bond;

and the court may direct the clerk to set aside any such forfeiture which may have been entered.

Any appearance by the defendant later than the required day constitutes forfeiture of the bond, and the court may shall not preclude entry of such forfeiture by the clerk.

(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in whichPage the17 bondof and44 affidavitsCODING: are filed.

The clerk of the circuit court shall record the forfeiture in the deed or official records book.

If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who shall record and return them.

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hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 (b)which Thethe bond and affidavits shallare befiled. a lien on the real property they describe from the time of recording in the county where the property is located for 2 years or until the final determination of an action instituted thereon within a 2-year period.

The clerk of the circuit court shall record the forfeiture in the deed or official records book.

If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who shall record and return them.

(b) The bond and affidavits shall be a lien on the real property they describe from the time of recording in the county where the property is located for 2 years or until the final determination of an action instituted thereon within a 2-year period.

The potential adverse economic consequences of appearing as required may not be considered as constituting a groundPage for18 suchof a44 determination.;CODING:

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 ground for such a determination.;

(c) Surrender or arrest of the defendant at the time of Pagethe 17required appearance or within 60 days after the date of 42the CODING:required appearance in any county, state, or federal jail or prison and upon a hold being placed to return the defendant to the jurisdiction of the court.

Words stricken are deletions;

words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 the required appearance or within 60 days after the date of the required appearance in any county, state, or federal jail or prison and upon a hold being placed to return the defendant to the jurisdiction of the court.

(5) For each felony warrant that a court issues for a failure to appear in court, the sheriffstate shall enter the information of the defendant in the National Crime Information Center database with no restrictions until the defendant is returnedPage to19 the jurisdiction of the44 court.CODING:

(6) The discharge of a forfeiture may shall not be ordered for any reason other than as specified herein.

(7) The payment by a surety of a forfeiture under this law has shall have the same effect on the bond as payment of a judgment.

(8) If the defendant is arrested and returned to the Page 18 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 countyreturned ofto jurisdiction of the courtjurisdiction or has posted a new bond for the case at issue before judgment, the clerk must, upon affirmation by the sheriff or the chief correctional officer and, shall, without further hearing or order of the court,court. discharge the forfeiture of the bond.

(6) The discharge of a forfeiture may shall not be ordered for any reason other than as specified herein.

(7) The payment by a surety of a forfeiture under this law has shall have the same effect on the bond as payment of a judgment.

(8) If the defendant is arrested and returned to the county of jurisdiction of the court or has posted a new bond for the case at issue before judgment, the clerk must, upon affirmation by the sheriff or the chief correctional officer and, shall, without further hearing or order of the court, discharge the forfeiture of the bond.

If such resolution or disposition occurs after payment of a forfeiture or judgment, remission must be granted upon proper motion and as specifiedPage under20 s.of 44 CODING:

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 specified under s.

(10) Unless the time for payment or discharge of the forfeiture set forth in s.

903.27(1) has passed, or unless payment of the forfeiture has already been made, the clerk does not have standing to object to a motion to set aside a forfeiture under paragraph (2)(b), a motion to discharge a forfeiture under subsection (4), or a motion to reinstate a bond under s.

903.31(2).

903.27 Forfeiture to judgment.— (1) If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 days after the forfeiture notice has been mailed or electronically transmitted Pageand 19the ofbond 42is CODING:secured other than by money and bonds authorized in s.

Words stricken are deletions;

words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 and the bond is secured other than by money and bonds authorized in s.

Judgment for the full amount of the forfeiture may shall not be entered if payment of a lesserPage amount21 willof satisfy44 theCODING: conditions to discharge the forfeiture.

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 lesser amount will satisfy the conditions to discharge the forfeiture.

When Pageand 20if the judgment is properly paid or an order to vacate the judgment has been entered by a court of 42competent CODING:jurisdiction, the clerk shall immediately notify the sheriff, or other such the official responsible for the operation of the county jail, if other than the sheriff, and, if they have been previously notified of nonpayment, the Department of Financial Services and the Office of Insurance Regulation, if the department and office had been previously notified of nonpayment, of such payment or order to vacate the judgment.

The clerk may furnish documents or give notice as required in this subsection by mail or electronic means.

The clerk shall also immediately prepare and record in Page 22 of 44 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 and if the judgmentpublic isrecords properly paid or an order to vacate the judgment has been entered by a courtsatisfaction of competent jurisdiction, the clerkjudgment shall immediately notify the sheriff, or otherrecord such the official responsible for the operation of the county jail, if other than the sheriff, and, if they have been previously notified of nonpayment, the Department of Financial Services and the Office of Insurance Regulation, if the department and office had been previously notified of nonpayment, of such payment or order to vacate the judgment.

The clerk may furnish documents or give notice as required in this subsection by mail or electronic means.

The clerk shall also immediately prepare and record in the public records a satisfaction of the judgment or record the order to vacate judgment.

If such mailing or electronic delivery was properly accomplished as evidenced by such certificate, the failure of a company to receive a copy of Pagethe 21judgment as prescribed in subsection (1) does not constitute a defense to the forfeiture and is not a ground for the discharge, remission, reduction, set aside, or continuance of 42such CODING:forfeiture.

(3) Surety bail bonds may not be executed by a bail bond agent or a bail bond agency against whom a judgment has been entered which has remained unpaid for 35 days and may not be executed for a company against whom a judgment has been entered which has remained unpaid for 50 days.

A No sheriff or other official who is empowered to accept or approve surety bail bonds may not shall accept or approve such a bond executed by such a Page 23 of 44 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 thebail judgmentbond asagent prescribedor inbail subsectionbond (1)agency doesor notexecuted constitutefor asuch defense to the forfeiture and is not a groundcompany foruntil thesuch discharge,judgment remission,has reduction,been setpaid. aside, or continuance of such forfeiture.

(3) Surety bail bonds may not be executed by a bail bond agent or a bail bond agency against whom a judgment has been entered which has remained unpaid for 35 days and may not be executed for a company against whom a judgment has been entered which has remained unpaid for 50 days.

A No sheriff or other official who is empowered to accept or approve surety bail bonds may not shall accept or approve such a bond executed by such a bail bond agent or bail bond agency or executed for such a company until such judgment has been paid.

(5) After notice of judgment against the surety given by Pagethe 22clerk of 42the CODING:circuit court, the surety, bail bond agency, or bail bond agent may within 35 days file a motion to set aside the judgment or to stay the judgment.

It shall be a condition of Any such motion or and of any order to stay the judgment must be conditioned on payment by that the surety of pay the amount of the judgment to the clerk, which amount must shall be held in escrow until such time as the court has disposed of the motion to set aside the judgment.

The filing of such a motion, when accompanied by the required escrow deposit, acts shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the Page 24 of 44 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 thecourt. clerk of the circuit court, the surety, bail bond agency, or bail bond agent may within 35 days file a motion to set aside the judgment or to stay the judgment.

It shall be a condition of Any such motion or and of any order to stay the judgment must be conditioned on payment by that the surety of pay the amount of the judgment to the clerk, which amount must shall be held in escrow until such time as the court has disposed of the motion to set aside the judgment.

The filing of such a motion, when accompanied by the required escrow deposit, acts shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the court.

conditions.— (1) AnOn application forwithin remission36 maymonths notafter be2 brought,years norfrom beforfeiture, consideredthe bycourt must shall order remission of the court,forfeiture unlessin suchaccordance Onwith applicationsubsection is(2) filedif withinit 37determines monthsthat afterthere 2was yearsno frombreach forfeiture.of the bond.

Upon a timely filed application for remission, the court shall order remission of the forfeiture in accordance with the remission schedule set Page 23 of 42 CODING:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 forth in subsection (2) if it determines that there was no breach of the bond by the surety.

903.21(3)(a), up to the penal amount of the bond, within 36 months 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (4), must subsection (8), shallPage direct25 remissionof in44 accordanceCODING: with the following:

(a) One-hundred percent of the forfeiture if the defendant surrenders or is apprehended within 90 days after the forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 90 days after forfeiture.

(b) Ninety-five percent of the forfeiture if the defendant surrenders or is apprehended within 180 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is Page 24 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 unwillingshall todirect seekremission extraditionin ofaccordance with the defendantfollowing: within 180 days after forfeiture.

(a) One-hundred percent of the forfeiture if the defendant surrenders or is apprehended within 90 days after the forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 90 days after forfeiture.

(b) Ninety-five percent of the forfeiture if the defendant surrenders or is apprehended within 180 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 180 days after forfeiture.

(e)Page Eighty26 percent of the44 forfeitureCODING: if the defendant surrenders or is apprehended within 450 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 450 days after forfeiture.

(f) Seventy-five percent of the forfeiture if the defendant surrenders or is apprehended within 540 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 540 days Page 25 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 (e) Eighty percent of the forfeiture if the defendant surrenders or is apprehended within 450 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 450 days after forfeiture.

(f) Seventy-five percent of the forfeiture if the defendant surrenders or is apprehended within 540 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 540 days after forfeiture.

(i) Sixty percent of the forfeiture if the defendant surrendersPage or27 is apprehended within 810 days after forfeiture and the delay has not thwarted proper prosecution of the44 defendantCODING: or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 810 days after forfeiture.

Words stricken are deletions;

words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 surrenders or is apprehended within 810 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 810 days after forfeiture.

Page(k) 26Fifty percent of 42the CODING:forfeiture if the defendant surrenders or is apprehended within 990 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 990 days after forfeiture.

(l) Forty-five percent of the forfeiture if the defendant surrenders or is apprehended within 36 months after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 36 months after forfeiture of up to, but not more than, 100 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant Page 28 of 44 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 (k)was Fiftysubstantially percentprocured ofor thecaused forfeitureby if the defendantsurety, surrenders or isthe apprehendedsurety withinhas 990substantially daysattempted afterto forfeitureprocure andor cause the delayapprehension hasor notsurrender thwarted proper prosecution of the defendantdefendant, orand if the defendantdelay ishas deceasednot orthwarted the stateproper isprosecution unwilling to seek extradition of the defendantdefendant. within 990 days after forfeiture.

(l) Forty-five percent of the forfeiture if the defendant surrenders or is apprehended within 1,095 days after forfeiture and the delay has not thwarted proper prosecution of the defendant or if the defendant is deceased or the state is unwilling to seek extradition of the defendant within 1,095 days after forfeiture of up to, but not more than, 100 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

(3) If the defendant surrenders or is apprehended within Page180 27days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of 42the CODING:circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 95 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have Page 29 of 44 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 180 days after forfeiture, the court, on motion at a hearing upon notice having been givendeducted tofrom the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 95 percent of a forfeiture if the surety apprehended and surrenderedwhen the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

(4) If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 90 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

(4)(5) If the defendant surrenders or is apprehended within 2701 daysyear after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 9085 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the Page 2830 of 4244 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

(5)(6) If the defendant surrenders or is apprehended within 12 yearyears after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 8550 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returningPage the31 defendant to the jurisdiction of the44 courtCODING: have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

Page 29 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 (6)returning If the defendant surrenders or is apprehended within 2 years after forfeiture, the court, on motion at a hearing upon notice having been given to the clerkjurisdiction of the circuit court andhave thebeen statededucted attorneyfrom asthe required in subsection (8), shall direct remission of up to, but not more than, 50 percent of a forfeiture if the surety apprehended and surrenderedwhen the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant.

In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

however, the surety must establish by further documentation or other evidence any claimed attempt at procuring or causing the apprehension or surrender of the defendant before the court may order remission based upon an attempt to procure or cause such Pageapprehension 30or ofsurrender. 42 CODING:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 apprehension or surrender.

(6)(10) The clerk of the circuit court is the real party in interest for all appeals arising from an action for the remissionPage 32 of a44 forfeitureCODING: under this section.

(7) The clerk of the circuit court shall issue a remission in accordance with s.

218.74(4) after entry of a court order directing remission.

(8) If the defendant surrenders or is apprehended and the surety has not paid all costs of returning the defendant to the jurisdiction of court, the court may order remission of the forfeiture in accordance with subsection (2) if the actual costs of returning the defendant to the jurisdiction of the court have been deducted from the remission.

Section 17.

Section 903.29, Florida Statutes, is amended Page 31 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 toremission read:of a forfeiture under this section.

(7) The clerk of the circuit court shall issue a remission within 10 days after entry of a court order directing remission, and a remission untimely issued accrues interest at the rate of 1.5 percent per month.

(8) If the defendant surrenders or is apprehended and the surety has not paid all costs of returning the defendant to the jurisdiction of court, the court may order remission of the forfeiture in accordance with subsection (2) if the actual costs of returning the defendant to the jurisdiction of the court have been deducted from the remission.

Section 17.

Section 903.29, Florida Statutes, is amended to read:

903.31 Canceling the bond.— (1) Within 10 business days after the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court must shall order the bond canceled and, if the surety hasPage attached33 a certificate of cancellation44 toCODING: the original bond, the clerk of the court must shall mail or electronically furnish an executed certificate of cancellation to the surety without cost.

The clerk of the court shall discharge the bond upon an adjudication of guilt or innocence or an acquittal, or if a period of 36 months has passed since the original bond was posted., or A withholding of an adjudication of guilt, a finding of guilt by a jury, or a no action by the state satisfies shall satisfy the conditions of the bond.

If the bond has been revoked by the court, other than for a failure to appear, the clerk of the court must discharge or cancel the bond.

The original appearance bond expires shall expire 36 months after such bond Page 32 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 has beenattached posteda forcertificate theof releasecancellation ofto the defendantoriginal frombond, custody, at which time the clerk of the court must dischargeshall mail or electronically furnish an executed certificate of cancellation to the bond.surety without cost.

The clerk of the court shall discharge the bond upon an adjudication of guilt or innocence or an acquittal, or if a period of 36 months has passed since the original bond was posted., or A withholding of an adjudication of guilt, a finding of guilt by a jury, or a no action by the state satisfies shall satisfy the conditions of the bond.

If the bond has been revoked by the court, other than for a failure to appear, the clerk of the court must discharge or cancel the bond.

The original appearance bond expires shall expire 36 months after such bond has been posted for the release of the defendant from custody, at which time the clerk of the court must discharge the bond.

placement in a court-orderedPage program,34 includingof a44 residentialCODING: mental health facility;

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 court-ordered program, including a residential mental health facility;

The clerk of the court does not have standing to object to a motion to reinstate bond under this subsection.

Paragraph (b) of subsection (3) and paragraphs (a) and (d) of subsection (5) of section 907.041, Florida Statutes, are amended, and paragraph (c) of subsection (5) of Pagethat 33section ofis 42reenacted, CODING:to read:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 that section is reenacted, to read:

Other facts necessary to assist the court in its determinationPage of35 the indigency of the44 accusedCODING: and whether she or he should be released under the supervision of the service.

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words underlined are additions.

hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 determination of the indigency of the accused and whether she or he should be released under the supervision of the service.

Page6. 34 of 42 CODING:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 6.

16.Page 36 of 44 CODING:

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 16.

Trafficking in any controlled substance described in Pages. 35 of 42 CODING:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 s.

The defendant has previously violated conditions of release and that no further conditions of release are reasonably likelyPage to37 assureof the44 defendant'sCODING: appearance at subsequent proceedings;

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 likely to assure the defendant's appearance at subsequent proceedings;

893.135, that there is a substantial probability that the defendant has committed the offense, and Pagethat 36no conditions of 42release CODING:will reasonably assure the defendant's appearance at subsequent criminal proceedings;

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words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 that no conditions of release will reasonably assure the defendant's appearance at subsequent criminal proceedings;

or c.Page 38 of 44 CODING:

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 c.

The court may so conclude, if it finds that the defendant is presently charged with a dangerous crime, that there is a substantial probability that the defendant committed such crime, that the factual circumstances of the crime indicate a disregard for the safety of the community, and that there are Pageno 37conditions of 42release CODING:reasonably sufficient to protect the community from the risk of physical harm to persons;

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words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons;

775.084 as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender,Page or39 violentof career44 criminal,CODING: or the state attorney files a notice seeking that the defendant be sentenced pursuant to s.

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 offender, or violent career criminal, or the state attorney files a notice seeking that the defendant be sentenced pursuant to s.

Page(d) 38If a defendant is arrested for a dangerous crime that is a capital felony, a life felony, or a felony of 42the CODING:first degree, and the court determines there is probable cause to believe the defendant committed the offense, the state attorney, or the court on its own motion, must move shall motion for pretrial detention unless the defendant is already being held.

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words underlined are additions.

hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 (d) If a defendant is arrested for a dangerous crime that is a capital felony, a life felony, or a felony of the first degree, and the court determines there is probable cause to believe the defendant committed the offense, the state attorney, or the court on its own motion, must move shall motion for pretrial detention unless the defendant is already being held.

ForSubsection the(4) purpose of incorporating the amendment made by this act to section 648.386,648.45, Florida Statutes,Page in40 references thereto, subsections (2) and (3) of section44 626.2816,CODING: Florida Statutes, are reenacted to read:

626.2816 Regulation of continuing education for licensees, course providers, instructors, school officials, and monitor groups.— (2) The department shall adopt rules establishing standards for the approval, regulation, and operation of the continuing education programs and for the discipline of licensees, course providers, instructors, school officials, and Page 39 of 42 CODING:

hb1017-02-c2hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1017 2026 monitorStatutes, groups.is amended to read:

648.45 Actions against a licensee;

suspension or revocation of eligibility to hold a license.— (4) A Any licensee found to have violated s.

648.44(1)(b), (e), or (j) s.

648.44(1)(b), (d), or (i) shall, at a minimum, be suspended for a period of 3 months.

A greater penalty, including revocation, must shall be imposed if there is a willful or repeated violation of s.

648.44(1)(b), (e), or (j) s.

648.44(1)(b), (d), or (i), or the licensee has committed other violations of this chapter.

Section 22.

For the purpose of incorporating the amendment made by this act to section 648.386, Florida Statutes, in references thereto, subsections (2) and (3) of section 626.2816, Florida Statutes, are reenacted to read:

626.2816 Regulation of continuing education for licensees, course providers, instructors, school officials, and monitor groups.— (2) The department shall adopt rules establishing standards for the approval, regulation, and operation of the continuing education programs and for the discipline of licensees, course providers, instructors, school officials, and monitor groups.

626.2815, 626.869, 648.385,Page and41 648.386.of 44 CODING:

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 648.385, and 648.386.

Section 22.23.

Maintain employment, or, if unemployed, actively seek Pageemployment. 40 of 42 CODING:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 employment.

4.Page 42 of 44 CODING:

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 4.

Section 23.24.

For the purpose of incorporating the amendment made by this act to section 903.09, Florida Statutes, in a Pagereference 41thereto, subsection (2) of 42section CODING:903.286, Florida Statutes, is reenacted to read:

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hb1017-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1017 2026 reference thereto, subsection (2) of section 903.286, Florida Statutes, is reenacted to read:

cash bond forms.— (2)Page All43 cash bond forms used in conjunction with the requirements of s.44 CODING:

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hb1017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1017 2026 (2) All cash bond forms used in conjunction with the requirements of s.

Section 24.25.

Page 4244 of 4244 CODING:

hb1017-02-c2hb1017-01-c1