| 15 | 15 | | An act relating to breach of bond costs; amending s. 2 |
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| 16 | 16 | | 903.21, F.S.; requiring sureties to pay costs and 3 |
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| 17 | 17 | | expenses incurred in returning a defendant to the 4 |
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| 18 | 18 | | jurisdiction of the court; providing construction; 5 |
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| 19 | 19 | | specifying recoverable costs; revising and providing 6 |
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| 20 | 20 | | definitions; providing an effective date. 7 |
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| 21 | 21 | | 8 |
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| 22 | 22 | | Be It Enacted by the Legislature of the State of Florida: 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Section 1. Subsection (3) of section 903.2 1, Florida 11 |
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| 25 | 25 | | Statutes, is amended to read: 12 |
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| 26 | 26 | | 903.21 Method of surrender; exoneration of obligors. — 13 |
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| 27 | 27 | | (3)(a) The surety shall be exonerated of liability on the 14 |
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| 28 | 28 | | bond if it is determined before prior to breach of the bond that 15 |
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| 29 | 29 | | the defendant is in any jail or pr ison and the surety agrees in 16 |
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| 30 | 30 | | writing to pay the costs and expenses incurred in transportation 17 |
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| 31 | 31 | | cost of returning the defendant to the jurisdiction of the 18 |
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| 32 | 32 | | court. A surety is only responsible for the itemized costs and 19 |
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| 33 | 33 | | expenses incurred for the transport of a defendant to whom he or 20 |
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| 34 | 34 | | she has a fiduciary duty and is not liable for the costs and 21 |
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| 35 | 35 | | expenses incurred in transporting any other defendant. 22 |
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| 36 | 36 | | (b) For purposes of this subsection, the term: 23 |
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| 37 | 37 | | 1. "Costs and expenses" means the prorated salary of any 24 |
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| 38 | 38 | | law enforcement officer or employee of a contracted 25 |
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| 46 | 46 | | Page 2 of 2 |
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| 47 | 47 | | 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 |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | transportation company as well as the actual expenses of 26 |
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| 52 | 52 | | transporting each defendant, which may only consist of mileage, 27 |
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| 53 | 53 | | vehicle expenses, meals, and, if necessary, overnight lodging 28 |
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| 54 | 54 | | for any law enforcement off icer or employee of a contracted 29 |
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| 55 | 55 | | transportation company and the defendant. 30 |
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| 56 | 56 | | 2. "Jurisdiction" means the county from which the 31 |
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| 57 | 57 | | defendant was released on bail within the judicial circuit as 32 |
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| 58 | 58 | | prescribed by law. 33 |
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| 59 | 59 | | Section 2. This act shall take effect July 1, 2022. 34 |
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