The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Banking and Insurance
BILL: SB 1182
INTRODUCER: Senator Broxson
SUBJECT: Breach of Bond Costs
DATE: January 24, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Arnold Knudson BI Pre-meeting
2. CJ
3. RC
I. Summary:
SB 1182 requires that a bail bond agent pay to return an incarcerated defendant to the county in
which the defendant was released on bail, rather than any county within the same judicial circuit,
in order to be released of liability on a criminal surety bail bond.
The bill also requires a bail bond agent to pay all costs and expenses in returning the defendant to
the original court’s jurisdiction, rather than just the cost of transportation.
The bill takes effect July 1, 2022.
II. Present Situation:
Pretrial Release
Article I, section 14, of the Florida Constitution provides, with some exceptions, that every
person charged with a crime or violation of a municipal or county ordinance is entitled to pretrial
release on reasonable grounds. A judge is required to presume that nonmonetary conditions
1
are
sufficient for any person to be granted pretrial release who is not charged with a dangerous
crime.
2
Although a court has the authority to impose any number of pretrial release conditions, it
1
Nonmonetary conditions include any condition that does not require the payment of a financial guarantee, such as releasing
the arrestee on his or her recognizance, placement in a pretrial release program, or placing restrictions on the arrestee’s travel,
association, or place of abode. See Fla. R. Crim. P. 3.131.
2
Section 907.041(3), F.S. “Dangerous crimes” include: arson; aggravated assault; aggravated battery; illegal use of explosives;
child abuse or aggravated child abuse; abuse or aggravated abuse of an elderly person or disabled adult; aircraft piracy;
kidnapping; homicide; manslaughter; sexual battery; robbery; carjacking; lewd, lascivious, or indecent assault or act upon or
in presence of a child under the age of 16 years; sexual activity with a child, who is 12 years of age or older but less than 18
years of age, by or at solicitation of person in familial or custodial authority; burglary of a dwelling; stalking and aggravated
stalking; act of domestic violence as defined in s. 741.28, F.S.; home invasion robbery; act of terrorism as defined in s. 775.30,
REVISED: BILL: SB 1182 Page 2
must impose conditions of release that require the defendant to refrain from criminal activity and
to refrain from contact with the victim.
3
If a defendant violates the pretrial release conditions, he
or she may be arrested and held to answer before the court having jurisdiction to try the
defendant.
4
Bail Bonds
Issuance of a Bail Bond
Bail is a common monetary condition of pretrial release that requires an arrestee to pay a set sum
of money to the court to be released from jail.
5
As an alternative to posting the entire bail
amount, a defendant may use a criminal surety bail bond executed by a bail bond agent licensed
under ch. 648, F.S.
6
Generally, to use the services of a bail bond agent, an incarcerated person
must pay a nonrefundable fee to the bail bond agent equal to 10 percent of the bond amount set
by the court.
7
This contract obligates the bail bond agent to ensure a defendant appears at all
required court appearances.
8
Breach and Forfeiture of a Bail Bond
If a defendant fails to appear in court or violates any pretrial release conditions, he or she
breaches the bond and a court generally must declare the bond and any money deposited to be
forfeited.
9
However, this forfeiture requirement does not apply, even if there is a breach of the
bond, when the information, indictment, or affidavit in the criminal case was not filed within six
months of arrest, or the clerk of the court failed to provide the agent with at least 72 hours’ notice
of the time and date of the required appearance for the defendant.
10
Within five days after
forfeiture of a bond, the court must mail or electronically transmit a notice to the bail bond agent
and the surety company.
11
The value of the forfeited bond must be paid by the bail bond agent
within 60 days of the date the notice was mailed or transmitted.
12
Exoneration of Liability
A bail bond agent is exonerated of any further liability on a bail bond if, prior to a breach of the
bond, the bail bond agent agrees to pay the transportation cost of returning a defendant who is
incarcerated in another county jail or prison to the jurisdiction of the court.
13
Surrendering an
incarcerated defendant prior to the breach of the bond eliminates the need for a bail bond agent
F.S.; manufacturing any substances in violation of chapter 893; attempting or conspiring to commit any such crime; and human
trafficking. s. 907.041, F.S.
3
Section 903.047, F.S.
4
Section. 903.0471 and 907.041, F.S.
5
Section 903.011, F.S.
6
Section 903.105, F.S.
7
Id. See also Florida Dept. of Financial Services, Bail Bonds Overview
https://www.myfloridacfo.com/division/consumers/understandingcoverage/bailbondsoverview.htm (last visited January 20,
2022).
8
Section 903.045, F.S.
9
Section 903.26(2)(a), F.S.
10
Section 903.26(1), F.S.
11
Section 903.26(2)(a), F.S.
12
Id.
13
Section 903.21(3), F.S. BILL: SB 1182 Page 3
to go through the bond forfeiture and discharge process, and absolves the bail bond agent of
future liability on the bond.
The term “transportation cost” is not defined in statute. However, the Second District Court of
Appeal has interpreted the term narrowly, applying only to actual transportation expenses.
14
This
does not include ancillary costs associated with transportation, such as the salary of the officers
involved in transporting the defendant, vehicle costs, meals, and lodging.
15
The “jurisdiction” to which the bail bond agent must return the defendant under s. 903.21(3),
F.S., is any county within the judicial circuit of the court which issued the bond.
16
This means a
bail bond agent is only required to pay the cost to return a defendant to the closest county from
where the defendant is incarcerated which lies within the same judicial circuit as the court that
issued the bond.
17
Consequently, the county sheriff often bears the cost of transporting the
defendant the remaining distance to the actual county which issued the bond.
18
For example, to be exonerated from liability on the bond, if a defendant is released on bail in
Franklin County (Apalachicola) and is subsequently arrested and detained in Duval County
(Jacksonville), the bail bond agent is only required to pay transportation costs to return the
defendant to Jefferson County, the nearest county to Jacksonville that is in the same judicial
circuit as Franklin County. The Franklin County Sheriff’s Office is then responsible for the costs
associated with transporting the defendant the remaining 93 miles from Jefferson County to
Franklin County.
19
14
Easy Bail Bonds v. Polk County, 784 So. 2d 1173, 1177 (Fla. 2d DCA 2001).
15
Id. at 1176.
16
Section 903.21(3), F.S.
17
Section 26.021, F.S., provides Florida’s circuit courts are divided into 20 judicial circuits as follows:
First Circuit - Escambia, Okaloosa, Santa Rosa and Walton Counties.
Second Circuit - Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla Counties.
Third Circuit - Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor Counties.
Fourth Circuit - Clay, Duval and Nassau Counties.
Fifth Circuit - Citrus, Hernando, Lake, Marion and Sumter
Sixth Circuit - Pasco and Pinellas Counties.
Seventh Circuit - Flagler, Putnam, St. Johns and Volusia Counties.
Eighth Circuit - Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties.
Ninth Circuit - Orange and Osceola Counties.
Tenth Circuit - Hardee, Highlands and Polk Counties.
Eleventh Circuit - Miami-Dade County.
Twelfth Circuit - DeSoto, Manatee and Sarasota Counties.
Thirteenth Circuit – Hillsborough County.
Fourteenth Circuit - Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties.
Fifteenth Circuit - Palm Beach County.
Sixteenth Circuit – Monroe County.
Seventeenth Circuit – Broward County.
Eighteenth Circuit - Brevard and Seminole Counties.
Nineteenth Circuit - Indian River, Martin, Okeechobee and St. Lucie Counties.
Twentieth Circuit - Charlotte, Collier, Glades, Hendry and Lee Counties.
18
Florida Office of the State Courts Administrator, HB 381 Bill Analysis, November 9, 2021 (on file with the Senate
Committee on Banking and Insurance).
19
Google Maps, http://www.google.com/maps/dir (last visited Jan. 13, 2022). BILL: SB 1182 Page 4
III. Effect of Proposed Changes:
Section 1 amends s. 903.21, F.S., related to method of surrendering a defendant and the
exoneration of a bail bond agent of liability on a bond, to require that a bail bond agent pay all
costs and expenses incurred in returning the defendant to the county in which he or she was
released on bail, in order to be exonerated from liability on a bond prior to a breach.
Section 2 provides an effective date of July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate. The bill may require a bail bond agent to transport a defendant a greater
distance, thereby shifting the cost of transporting a defendant from the sheriff to the bail
bond agent. BILL: SB 1182 Page 5
C. Government Sector Impact:
Indeterminate. The bill may result in fewer hearings related to bond issues.
20
The bill may
also reduce expenditures incurred by sheriffs from transporting a defendant from a county
within a judicial circuit to the county from a which a defend was released on bail.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following section 903.21 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
20
Florida Office of the State Courts Administrator, HB 381 Bill Analysis, November 9, 2021 (on file with the Senate
Committee on Banking and Insurance).