Florida 2025 Regular Session

Florida House Bill H0323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	HB 323 2025
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb323-00
9	9	Page 1 of 31
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to bail bonds; amending s. 903.011, 2
16	16	F.S.; revising requirements for meeting a monetary or 3
17	17	cash component of pretrial release; amending s. 4
18	18	903.045, F.S.; including bail bonds executed by 5
19	19	residents in provisions concerning the nature of 6
20	20	criminal bail bonds; amending s. 903.046, F.S.; 7
21	21	removing language the rendered a defendant who failed 8
22	22	to appear but later voluntarily appeared or 9
23	23	surrendered ineligible for a recognizance bond; 10
24	24	removing a provision allowing a court to determine 11
25	25	conditions of release if a defendant fails to appear 12
26	26	due to circumstances beyond his or her control; 13
27	27	amending s. 903.047, F.S.; conforming provisions to 14
28	28	changes made by the act; amending s. 903.0471, F.S.; 15
29	29	requiring discharge of a bond posted as a condition of 16
30	30	pretrial release upon entry of a revocation or 17
31	31	detention; amending s. 903.05, F.S.; removing a 18
32	32	provision allowing persons who merely own real estate 19
33	33	in this state to serve as sureties; repealing s. 20
34	34	903.08, F.S., relating to the sufficiency of 21
35	35	sureties.; amending s. 903.09, F.S.; revising 22
36	36	provisions on how a surety may justify her or his 23
37	37	suretyship; amending s. 903.101, F.S.; revising 24
38	38	provisions concerning access to jails for the purpose 25
39	39
40	40	HB 323 2025
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb323-00
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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
48	48
49	49
50	50
51	51	of making bonds; amending s. 903.16, F.S.; revising 26
52	52	provisions concerning the dep osit of money or bonds 27
53	53	for bail; repealing s. 903.17, F.S., relating to the 28
54	54	substitution of cash bail for other bail; amending s. 29
55	55	903.21, F.S.; providing for discharge of bond without 30
56	56	hearing or court order in certain circumstances; 31
57	57	amending s. 903.26, F.S .; revising the distribution 32
58	58	notice of a failure to appear; providing for 33
59	59	situations in which, after forfeiture of a bond, the 34
60	60	criminal charges for which the bond guaranteed 35
61	61	appearance are resolved; limiting the standing of a 36
62	62	clerk to object to the setting aside of a forfeiture; 37
63	63	amending s. 903.27, F.S.; specifying a deadline for 38
64	64	entry of judgment against a surety; revising a 39
65	65	deadline for a clerk to furnish specified agencies 40
66	66	with copies of certain judgments; including bail 41
67	67	agencies in certain provisions; a mending s. 903.28, 42
68	68	F.S.; revising the time period for application for a 43
69	69	remission of forfeiture; adopting a schedule for 44
70	70	forfeiture remission; providing for the effect of the 45
71	71	state's unwillingness to seek extradition or the death 46
72	72	of a defendant; removing p rovisions concerning the 47
73	73	apprehension of a defendant after forfeiture; 48
74	74	requiring clerks to issue a remission within a 49
75	75	specified period after a court order and requiring 50
76	76
77	77	HB 323 2025
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb323-00
83	83	Page 3 of 31
84	84	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
85	85
86	86
87	87
88	88	interest to be accrue at a specified rate; amending s. 51
89	89	903.29, F.S.; extending the time period in which a 52
90	90	surety may arrest a principal after forfeiture; 53
91	91	amending s. 903.31, F.S.; revising provisions 54
92	92	concerning cancellations of bonds; providing 55
93	93	applicability; amending s. 924.065, F.S.; revising 56
94	94	provisions concerning a bond on appeal; amendin g s. 57
95	95	951.26, F.S.; adding bail agents to the membership of 58
96	96	public safety coordinating councils; providing an 59
97	97	effective date. 60
98	98	61
99	99	Be It Enacted by the Legislature of the State of Florida: 62
100	100	63
101	101	Section 1. Subsection (2) of section 903.011, Florida 64
102	102	Statutes, is amended to read: 65
103	103	903.011 Pretrial release; general terms; statewide uniform 66
104	104	bond schedule.— 67
105	105	(2) Any monetary or cash component of any form of pretrial 68
106	106	release must may be met by a surety bond or United States 69
107	107	currency, a United States postal money order, or a cashier's 70
108	108	check in the amount of the bond . 71
109	109	Section 2. Section 903.045, Florida Statutes, is amended 72
110	110	to read: 73
111	111	903.045 Nature of criminal surety bail bonds.—It is the 74
112	112	public policy of this state and the intent of the Legislature 75
113	113
114	114	HB 323 2025
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb323-00
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121	121	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
122	122
123	123
124	124
125	125	that a criminal surety bail bond, executed by a bail bond agent 76
126	126	licensed pursuant to chapter 648 , or by a resident of this 77
127	127	state, in connection with the pretrial or appellate release of a 78
128	128	criminal defendant, shall be construed as a commitment by and an 79
129	129	obligation upon the bail bond agent or the resident of this 80
130	130	state to ensure that the defendant appears at all criminal 81
131	131	proceedings for which the surety bond is posted. 82
132	132	Section 3. Paragraph (d) of subsection (2) of section 83
133	133	903.046, Florida Statutes, is amended to rea d: 84
134	134	903.046 Purpose of and criteria for bail determination. — 85
135	135	(2) When determining whether to release a defendant on 86
136	136	bail or other conditions, and what that bail or those conditions 87
137	137	may be, the court shall consider: 88
138	138	(d) The defendant's past and present conduct, including 89
139	139	any record of convictions, previous flight to avoid prosecution, 90
140	140	or failure to appear at court proceedings. However, any 91
141	141	defendant who had failed to appear on the day of any required 92
142	142	court proceeding in the case at issue, but who had la ter 93
143	143	voluntarily appeared or surrendered, shall not be eligible for a 94
144	144	recognizance bond; and any defendant who failed to appear on the 95
145	145	day of any required court proceeding in the case at issue and 96
146	146	who was later arrested shall not be eligible for a recogniza nce 97
147	147	bond or for any form of bond which does not require a monetary 98
148	148	undertaking or commitment equal to or greater than $2,000 or 99
149	149	twice the value of the monetary commitment or undertaking of the 100
150	150
151	151	HB 323 2025
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb323-00
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158	158	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
159	159
160	160
161	161
162	162	original bond, whichever is greater. Notwithstanding anything i n 101
163	163	this section, the court has discretion in determining conditions 102
164	164	of release if the defendant proves circumstances beyond his or 103
165	165	her control for the failure to appear. This section may not be 104
166	166	construed as imposing additional duties or obligations on a 105
167	167	governmental entity related to monetary bonds. 106
168	168	Section 4. Subsection (1) of section 903.047, Florida 107
169	169	Statutes, is amended to read: 108
170	170	903.047 Conditions of pretrial release. — 109
171	171	(1) As a condition of pretrial release, whether such 110
172	172	release is by surety bail bond or recognizance bond or in some 111
173	173	other form, the defendant must: 112
174	174	(a) Refrain from criminal activity of any kind. 113
175	175	(b) If the court issues an order of no contact, refrain 114
176	176	from any contact of any type with the victim, except through 115
177	177	pretrial discovery pursuant to the Florida Rules of Criminal 116
178	178	Procedure. An order of no contact is effective immediately and 117
179	179	enforceable for the duration of the pretrial release or until it 118
180	180	is modified by the court. The defendant shall be informed in 119
181	181	writing of the order of no contact, specifying the applicable 120
182	182	prohibited acts, before the defendant is released from custody 121
183	183	on pretrial release. As used in this section, unless otherwise 122
184	184	specified by the court, the term "no contact" includes the 123
185	185	following prohibited acts: 124
186	186	1. Communicating orally or in any written form, either in 125
187	187
188	188	HB 323 2025
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb323-00
194	194	Page 6 of 31
195	195	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
196	196
197	197
198	198
199	199	person, telephonically, electronically, or in any other manner, 126
200	200	either directly or indirectly through a third person, with the 127
201	201	victim or any other person named in the order. If the victim and 128
202	202	the defendant have children in common, at the request of the 129
203	203	defendant, the court may designate an appropriate third person 130
204	204	to contact the victim for the sole purpose of facilitating the 131
205	205	defendant's contact with the children. However, this 132
206	206	subparagraph does not proh ibit an attorney for the defendant, 133
207	207	consistent with rules regulating The Florida Bar, from 134
208	208	communicating with any person protected by the no contact order 135
209	209	for lawful purposes. 136
210	210	2. Having physical or violent contact with the victim or 137
211	211	other named person or his or her property. 138
212	212	3. Being within 500 feet of the victim's or other named 139
213	213	person's residence, even if the defendant and the victim or 140
214	214	other named person share the residence. 141
215	215	4. Being within 500 feet of the victim's or other named 142
216	216	person's vehicle, place of employment, or a specified place 143
217	217	frequented regularly by such person. 144
218	218	(c) Comply with all conditions of pretrial release imposed 145
219	219	by the court. A court must consider s. 903.046(2) when 146
220	220	determining whether to impose nonmonetary conditions in addit ion 147
221	221	to or in lieu of monetary bond. Such nonmonetary conditions may 148
222	222	include, but are not limited to, requiring a defendant to: 149
223	223	1. Maintain employment, or, if unemployed, actively seek 150
224	224
225	225	HB 323 2025
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb323-00
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232	232	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
233	233
234	234
235	235
236	236	employment. 151
237	237	2. Maintain or commence an educational program. 152
238	238	3. Abide by specified restrictions on personal 153
239	239	associations, place of residence, or travel. 154
240	240	4. Report on a regular basis to a designated law 155
241	241	enforcement agency, pretrial services agency, or other agency. 156
242	242	5. Comply with a specified curfew. 157
243	243	6. Refrain from possessing a firearm, destructive device, 158
244	244	or other dangerous weapon. 159
245	245	7. Refrain from excessive use of alcohol, or any use of a 160
246	246	narcotic drug or other controlled substance without a 161
247	247	prescription from a licensed medical practitioner. 162
248	248	8. Undergo available medical, psychological, psychiatric, 163
249	249	mental health, or substance abuse evaluation and follow all 164
250	250	recommendations, including treatment for drug or alcohol 165
251	251	dependency, and remain in a specified institution, if required 166
252	252	for that purpose. 167
253	253	9. Return to custod y for specified hours following release 168
254	254	for employment, school, or other limited purposes. 169
255	255	10. Any other condition that is reasonably necessary to 170
256	256	assure the appearance of the defendant at subsequent proceedings 171
257	257	and to protect the community against unrea sonable danger of 172
258	258	harm. 173
259	259	Section 5. Section 903.0471, Florida Statutes, is amended 174
260	260	to read: 175
261	261
262	262	HB 323 2025
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb323-00
268	268	Page 8 of 31
269	269	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
270	270
271	271
272	272
273	273	903.0471 Violation of condition of pretrial release. —176
274	274	Notwithstanding s. 907.041, a court may, on its own motion, 177
275	275	revoke pretrial release and order pretrial det ention if the 178
276	276	court finds probable cause to believe that the defendant 179
277	277	committed a new crime while on pretrial release or violated any 180
278	278	other condition of pretrial release in a material respect. Upon 181
279	279	entry of such revocation or detention any bond previously posted 182
280	280	as a condition of pretrial release must be discharged by the 183
281	281	clerk without further order of the court. 184
282	282	Section 6. Section 903.05, Florida Statutes, is amended to 185
283	283	read: 186
284	284	903.05 Qualification of sureties. —A surety for the release 187
285	285	of a person on bail, other than a company authorized by law to 188
286	286	act as a surety, shall be a resident of the state or own real 189
287	287	estate within the state . 190
288	288	Section 7. Section 903.08, Florida Statutes, is repealed. 191
289	289	Section 8. Subsection (1) of section 903.09, Florida 192
290	290	Statutes, is amended to read: 193
291	291	903.09 Justification of sureties. — 194
292	292	(1) A surety, other than a bail agent, as defined in s. 195
293	293	648.25, shall justify her or his suretyship by attaching to the 196
294	294	bond United States currency, a United States postal money order, 197
295	295	or a cashier's check in the amount of the bond; however, the 198
296	296	United States currency, United States postal money order, or 199
297	297	cashier's check cannot be used to secure more than one bond 200
298	298
299	299	HB 323 2025
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301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb323-00
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306	306	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
307	307
308	308
309	309
310	310	shall execute an affidavit stating that she or he possesses the 201
311	311	qualifications and net worth required to become a surety. The 202
312	312	affidavit shall describe the surety's property and any 203
313	313	encumbrances and shall state the number and amount of any bonds 204
314	314	entered into by the surety at any court that remain 205
315	315	undischarged. 206
316	316	Section 9. Section 903.101, Florida Statutes, is amended 207
317	317	to read: 208
318	318	903.101 Sureties; licensed persons; to have equal access. —209
319	319	Subject to rules adopted by the Department of Financial Services 210
320	320	and by the Financial Services Commission, every surety who meets 211
321	321	the requirements of ss. 903.05, 903.06, 903.08, and 903.09, and 212
322	322	every person who is currently licensed by the Department of 213
323	323	Financial Services and registered as required by s. 648.42 shall 214
324	324	have equal access to the jails of this state for the purpose of 215
325	325	making bonds. 216
326	326	Section 10. Section 903.16, Florida Statutes, is amended 217
327	327	to read: 218
328	328	903.16 Deposit of money or bonds as bail. — 219
329	329	(1) A defendant who has been admitted to bail, or another 220
330	330	person in the defendant's behalf, may deposit with the official 221
331	331	authorized to take bail money an amount equal to the bail amount 222
332	332	set in the court order. Such deposit must be receipted in the 223
333	333	name of the defendant or nonregistered bonds of the United 224
334	334	States, the state, or a city, town, or county in the state, 225
335	335
336	336	HB 323 2025
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb323-00
342	342	Page 10 of 31
343	343	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
344	344
345	345
346	346
347	347	equal in market value to the amount set in the order and the 226
348	348	personal bond of the defendant and an undertaking by the 227
349	349	depositor if the money or b onds are deposited by another . The 228
350	350	sheriff or other officials must may remit money or bonds 229
351	351	received to the clerk to be held by the clerk pending court 230
352	352	action or return to the defendant or depositor . The clerk shall 231
353	353	accept money or bonds remitted by the sh eriff. 232
354	354	(2) Consent is conclusively presumed for the clerk of the 233
355	355	circuit court to sell bonds deposited as bail after forfeiture 234
356	356	of the bond. 235
357	357	Section 11. Section 903.17, Florida Statutes, is repealed. 236
358	358	Section 12. Paragraph (a) of subsection (3) of section 237
359	359	903.21, Florida Statutes, is amended to read: 238
360	360	903.21 Method of surrender; exoneration of obligors. — 239
361	361	(3)(a) The surety shall be exonerated of liability on the 240
362	362	bond if it is determined before forfeiture breach of the bond 241
363	363	that the defendant is i n any jail or prison and the surety 242
364	364	agrees in writing to pay the costs and expenses incurred in 243
365	365	returning the defendant to the jurisdiction of the court. The 244
366	366	clerk, upon affirmation by the sheriff or the chief correctional 245
367	367	officer, of the defendant being i n any jail or prison and the 246
368	368	surety agreeing in writing to pay the costs and expenses 247
369	369	incurred in returning the defendant to the jurisdiction of the 248
370	370	court, must without further hearing or order of the court, 249
371	371	discharge the bond. A surety is only responsible for the 250
372	372
373	373	HB 323 2025
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375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb323-00
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380	380	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
381	381
382	382
383	383
384	384	itemized costs and expenses incurred for the transport of a 251
385	385	defendant to whom he or she has a fiduciary duty and is not 252
386	386	liable for the costs and expenses incurred in transporting any 253
387	387	other defendant. 254
388	388	Section 13. Section 903.26, Florida Statute s, is amended 255
389	389	to read: 256
390	390	903.26 Forfeiture of the bond; when and how directed; 257
391	391	discharge; how and when made; effect of payment. — 258
392	392	(1) A bail bond shall not be forfeited unless: 259
393	393	(a) The information, indictment, or affidavit was filed 260
394	394	within 6 months from the date of arrest., and 261
395	395	(b) The clerk of court gave the surety at least 72 hours' 262
396	396	notice, exclusive of Saturdays, Sundays, and holidays, before 263
397	397	the time of the required appearance of the defendant. Notice 264
398	398	shall not be necessary if the time for appearan ce is within 72 265
399	399	hours from the time of arrest, or if the time is stated on the 266
400	400	bond. Such notice may be mailed or electronically transmitted. 267
401	401	(2)(a) If there is a failure of the defendant to appear as 268
402	402	required, the court shall declare the bond and any bo nds or 269
403	403	money deposited as bail forfeited. The clerk of the court shall 270
404	404	mail or electronically transmit a notice to the surety agent , 271
405	405	the bail agency, and surety company within 5 days after the 272
406	406	forfeiture. A certificate signed by the clerk of the court or 273
407	407	the clerk's designee, certifying that the notice required herein 274
408	408	was mailed or electronically transmitted on a specified date and 275
409	409
410	410	HB 323 2025
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412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb323-00
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417	417	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
418	418
419	419
420	420
421	421	accompanied by a copy of the required notice, shall constitute 276
422	422	sufficient proof that such mailing or electronic transmission 277
423	423	was properly accomplished as indicated therein. If such mailing 278
424	424	or electronic transmission was properly accomplished as 279
425	425	evidenced by such certificate, the failure of the surety agent, 280
426	426	a bail agency, of a company, or of a defendant to receive such 281
427	427	notice shall not constitute a defense to such forfeiture and 282
428	428	shall not be grounds for discharge, remission, reduction, set 283
429	429	aside, or continuance of such forfeiture. The forfeiture shall 284
430	430	be paid within 60 days after the date the notice was mailed or 285
431	431	electronically transmitted. 286
432	432	(b) Failure of the defendant to appear at the time, date, 287
433	433	and place of required appearance shall result in forfeiture of 288
434	434	the bond. Such forfeiture shall be automatically entered by the 289
435	435	clerk upon such failure to appear, and the clerk shall foll ow 290
436	436	the procedures in paragraph (a). However, the court may 291
437	437	determine, in its discretion, in the interest of justice, that 292
438	438	an appearance by the defendant on the same day as required does 293
439	439	not warrant forfeiture of the bond; and the court may direct the 294
440	440	clerk to set aside any such forfeiture which may have been 295
441	441	entered. Any appearance by the defendant later than the required 296
442	442	day constitutes forfeiture of the bond, and the court shall not 297
443	443	preclude entry of such forfeiture by the clerk. 298
444	444	(c) If there is a forfe iture of the bond, the clerk shall 299
445	445	provide, upon request, a certified copy of the warrant or capias 300
446	446
447	447	HB 323 2025
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449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
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454	454	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
455	455
456	456
457	457
458	458	to the bail bond agent or surety company. 301
459	459	(3) Sixty days after the forfeiture notice has been mailed 302
460	460	or electronically transmitted: 303
461	461	(a) State and county officials having custody of forfeited 304
462	462	money shall deposit the money in the fine and forfeiture fund 305
463	463	established pursuant to s. 142.01. 306
464	464	(b) Municipal officials having custody of forfeited money 307
465	465	shall deposit the money in a designated municipal fund. 308
466	466	(b)(c) Officials having custody of bonds as authorized by 309
467	467	s. 903.16 must shall transmit the bonds to the clerk of the 310
468	468	circuit court who shall sell them at market value and must 311
469	469	disburse the proceeds as provided in paragraph paragraphs (a) 312
470	470	and (b). 313
471	471	(4)(a) When a bond is forfeited, the clerk shall transmit 314
472	472	the bond and any affidavits to the clerk of the circuit court in 315
473	473	which the bond and affidavits are filed. The clerk of the 316
474	474	circuit court shall record the forfeiture in the deed or 317
475	475	official records book. If the undertakings and affidavits 318
476	476	describe real property in another county, the clerk shall 319
477	477	transmit the bond and affidavits to the clerk of the circuit 320
478	478	court of the county where the property is located who shall 321
479	479	record and return them. 322
480	480	(b) The bond and af fidavits shall be a lien on the real 323
481	481	property they describe from the time of recording in the county 324
482	482	where the property is located for 2 years or until the final 325
483	483
484	484	HB 323 2025
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486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
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491	491	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
492	492
493	493
494	494
495	495	determination of an action instituted thereon within a 2 -year 326
496	496	period. If an action is not inst ituted within 2 years from the 327
497	497	date of recording, the lien shall be discharged. The lien will 328
498	498	be discharged 2 years after the recording even if an action was 329
499	499	instituted within 2 years unless a lis pendens notice is 330
500	500	recorded in the action. 331
501	501	(4)(5) The court shall discharge a forfeiture within 60 332
502	502	days upon: 333
503	503	(a) A determination that it was impossible for the 334
504	504	defendant to appear as required or within 60 days after the 335
505	505	forfeiture notice has been mailed or electronically transmitted 336
506	506	the date of the required ap pearance due to circumstances beyond 337
507	507	the defendant's control. The potential adverse economic 338
508	508	consequences of appearing as required may not be considered as 339
509	509	constituting a ground for such a determination; 340
510	510	(b) A determination that, at the time of the requi red 341
511	511	appearance or within 60 days after the forfeiture notice has 342
512	512	been mailed or electronically transmitted the date of the 343
513	513	required appearance, the defendant was confined in an 344
514	514	institution or hospital; was confined in any county, state, 345
515	515	federal, or immigration detention facility; was deported; or is 346
516	516	deceased; 347
517	517	(c) Surrender or arrest of the defendant at the time of 348
518	518	the required appearance or within 60 days after the forfeiture 349
519	519	notice has been mailed or electronically transmitted the date of 350
520	520
521	521	HB 323 2025
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb323-00
527	527	Page 15 of 31
528	528	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
529	529
530	530
531	531
532	532	the required appearance in any county, state, or federal jail or 351
533	533	prison and upon a hold being placed to return the defendant to 352
534	534	the jurisdiction of the court . The court shall condition a 353
535	535	discharge or remission on the payment of costs and the expenses 354
536	536	under s. 903.21(3) incurred by an official in returning the 355
537	537	defendant to the jurisdiction of the court; or 356
538	538	(d) A determination that the state is unwilling to seek 357
539	539	extradition of the fugitive defendant within 10 30 days after a 358
540	540	request in writing by the surety agent to do so, and contingent 359
541	541	upon the surety agent's consent to pay all costs and the 360
542	542	expenses under s. 903.21(3) incurred by an official in returning 361
543	543	the defendant to the jurisdiction of the court, up to the penal 362
544	544	amount of the bond. If the state does not respond i n writing 363
545	545	within 10 days after a written request to seek a determination 364
546	546	of extradition, it shall be evidence that the state is unwilling 365
547	547	to seek extradition. 366
548	548	(e) In the interest of justice, if the state is willing to 367
549	549	extradite, the state must enter the defendant into the National 368
550	550	Crime Information Center (NCIC) database for the National Law 369
551	551	Enforcement Telecommunications System (Nlets) region or regions 370
552	552	requested within 10 days of a request by the surety to do so. 371
553	553	(5)(6) The discharge of a forfeiture s hall not be ordered 372
554	554	for any reason other than as specified herein. 373
555	555	(6)(7) The payment by a surety of a forfeiture under this 374
556	556	law shall have the same effect on the bond as payment of a 375
557	557
558	558	HB 323 2025
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb323-00
564	564	Page 16 of 31
565	565	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
566	566
567	567
568	568
569	569	judgment. 376
570	570	(7)(8) If the defendant is arrested and returned to the 377
571	571	county of jurisdiction of the court or has posted a new bond for 378
572	572	the case at issue before judgment, the clerk, upon affirmation 379
573	573	by the sheriff or the chief correctional officer, shall, without 380
574	574	further hearing or order of the court, discharge the forfeiture 381
575	575	of the bond. However, if the surety agent fails to pay the costs 382
576	576	and expenses incurred in returning the defendant to the county 383
577	577	of jurisdiction, the clerk shall not discharge the forfeiture of 384
578	578	the bond. If the surety agent and the sheriff fail to agree on 385
579	579	the amount of said costs, then the court, after notice to the 386
580	580	sheriff and the state attorney, shall determine the amount of 387
581	581	the costs. 388
582	582	(8) If after forfeiture of a bond, the criminal charges 389
583	583	for which the bond guaranteed appearance are resolved, 390
584	584	adjudicated, or otherwise disposed of by any action of the court 391
585	585	or state, the clerk shall, without further order of the court, 392
586	586	discharge the forfeiture and issue such notice to the surety. If 393
587	587	such resolution or disposition occurs after payment of a 394
588	588	forfeiture or judgment, remission shall be granted upon proper 395
589	589	motion and as directed under s. 903.28. 396
590	590	(9) Unless the time for payment or discharge of the 397
591	591	forfeiture set forth in s. 903.27(1) has passed, or unless 398
592	592	payment of the forfeiture has already been mad e, the clerk shall 399
593	593	have no standing to object to a motion to set aside a forfeiture 400
594	594
595	595	HB 323 2025
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb323-00
601	601	Page 17 of 31
602	602	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
603	603
604	604
605	605
606	606	pursuant to paragraph (2)(b), a motion to discharge a bond 401
607	607	pursuant to subsection (4), or a motion to reinstate a bond as 402
608	608	contemplated by s. 903.31(2). 403
609	609	Section 14. Subsections (1), (3), (4), and (5) of section 404
610	610	903.27, Florida Statutes, are amended to read: 405
611	611	903.27 Forfeiture to judgment. — 406
612	612	(1) If the forfeiture is not paid or discharged by order 407
613	613	of a court of competent jurisdiction within 60 days after the 408
614	614	forfeiture notice has been mailed or electronically transmitted 409
615	615	and the bond is secured other than by money and bonds authorized 410
616	616	in s. 903.16, the clerk of the circuit court for the county 411
617	617	where the order was made shall enter a judgment against the 412
618	618	surety for the amount of the penalty and issue execution. 413
619	619	However, in any case in which the bond forfeiture has been 414
620	620	discharged by the court of competent jurisdiction conditioned 415
621	621	upon the payment by the surety of certain costs or fees as 416
622	622	allowed by statute, the amount for wh ich judgment may be entered 417
623	623	may not exceed the amount of the unpaid fees or costs upon which 418
624	624	the discharge had been conditioned. Judgment for the full amount 419
625	625	of the forfeiture shall not be entered if payment of a lesser 420
626	626	amount will satisfy the conditions t o discharge the forfeiture. 421
627	627	Within 5 10 days, the clerk shall furnish the Department of 422
628	628	Financial Services and the Office of Insurance Regulation of the 423
629	629	Financial Services Commission with a certified copy of the 424
630	630	judgment docket and shall furnish the surety company at its home 425
631	631
632	632	HB 323 2025
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb323-00
638	638	Page 18 of 31
639	639	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
640	640
641	641
642	642
643	643	office a copy of the judgment, which shall include the power of 426
644	644	attorney number of the bond and the name of the executing agent. 427
645	645	If the judgment is not paid within 35 days, the clerk shall 428
646	646	furnish the Department of Financial Services, the Office of 429
647	647	Insurance Regulation, and the sheriff of the county in which the 430
648	648	bond was executed, or the official responsible for operation of 431
649	649	the county jail, if other than the sheriff, two copies of the 432
650	650	judgment and a certificate stating that the judgmen t remains 433
651	651	unsatisfied. When and if the judgment is properly paid or an 434
652	652	order to vacate the judgment has been entered by a court of 435
653	653	competent jurisdiction, the clerk shall immediately notify the 436
654	654	sheriff, or the official responsible for the operation of the 437
655	655	county jail, if other than the sheriff, and the Department of 438
656	656	Financial Services and the Office of Insurance Regulation, if 439
657	657	the department and office had been previously notified of 440
658	658	nonpayment, of such payment or order to vacate the judgment. The 441
659	659	clerk may furnish documents or give notice as required in this 442
660	660	subsection by mail or electronic means. The clerk shall also 443
661	661	immediately prepare and record in the public records a 444
662	662	satisfaction of the judgment or record the order to vacate 445
663	663	judgment. If the defendant is returned to the county of 446
664	664	jurisdiction of the court, whenever a motion to set aside the 447
665	665	judgment is filed, the operation of this section is tolled until 448
666	666	the court makes a disposition of the motion. 449
667	667	(3) Surety bail bonds may not be executed by a bail b ond 450
668	668
669	669	HB 323 2025
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb323-00
675	675	Page 19 of 31
676	676	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
677	677
678	678
679	679
680	680	agent or a bail agency against whom a judgment has been entered 451
681	681	which has remained unpaid for 35 days and may not be executed 452
682	682	for a company against whom a judgment has been entered which has 453
683	683	remained unpaid for 50 days. No sheriff or other official who is 454
684	684	empowered to accept or approve surety bail bonds shall accept or 455
685	685	approve such a bond executed by such a bail bond agent or 456
686	686	executed for such a company until such judgment has been paid. 457
687	687	(4) After notice of judgment against the surety given by 458
688	688	the clerk of the circuit court, the surety , a bail agency, or 459
689	689	bail bond agent shall, within 35 days of the entry of judgment, 460
690	690	submit to the clerk of the circuit court an amount equal to the 461
691	691	judgment, unless the judgment has been set aside by the court 462
692	692	within 35 days of the entry of judgment. If a motion to set 463
693	693	aside the judgment has been filed pursuant to subsection (5), 464
694	694	the amount submitted shall be held in escrow until such time as 465
695	695	the court has disposed of the motion. The failure to comply with 466
696	696	the provisions of this subsection constitutes a failure to pay 467
697	697	the judgment. 468
698	698	(5) After notice of judgment against the surety given by 469
699	699	the clerk of the circuit court, the surety , a bail agency, or 470
700	700	bail bond agent may within 35 days file a motion to set aside 471
701	701	the judgment or to stay the judgment. It shall be a condition of 472
702	702	any such motion and of any order to stay the judgment that the 473
703	703	surety pay the amount of the judgment to the clerk, which amount 474
704	704	shall be held in escrow until such time as the court has 475
705	705
706	706	HB 323 2025
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb323-00
712	712	Page 20 of 31
713	713	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
714	714
715	715
716	716
717	717	disposed of the motion to set aside the judgment. The filing of 476
718	718	such a motion, when accompanied by the required escrow deposit, 477
719	719	shall act as an automatic stay of further proceedings, including 478
720	720	execution, until the motion has been heard and a decision 479
721	721	rendered by the court. 480
722	722	Section 15. Section 903.28, Florida Statutes, is amended 481
723	723	to read: 482
724	724	903.28 Remission of forfeiture; conditions. — 483
725	725	(1) On application within 1,095 days 2 years from 484
726	726	forfeiture, the court shall order remission of the forfeiture if 485
727	727	it determines that the re was no breach of the bond. 486
728	728	(2) If the defendant surrenders , or is apprehended, is 487
729	729	deceased, or is deported within 1,095 90 days after forfeiture, 488
730	730	the court, on motion at a hearing upon notice having been given 489
731	731	to the clerk of the circuit court and the state attorney as 490
732	732	required in subsection (5) (8), shall direct remission as per 491
733	733	the following: 492
734	734	(a) 493
735	735	If the defendant surrenders or is
736	736	apprehended or deported after
737	737	forfeiture:
738	738	Percentage of
739	739	forfeiture:
740	740	494
741	741	1. Within 90 days.................100 percent; 495
742	742	2. Within 180 days................95 percent; 496
743	743	3. Within 270 days................90 percent; 497
744	744
745	745	HB 323 2025
746	746
747	747
748	748
749	749	CODING: Words stricken are deletions; words underlined are additions.
750	750	hb323-00
751	751	Page 21 of 31
752	752	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
753	753
754	754
755	755
756	756	4. Within 360 days................85 percent; 498
757	757	5. Within 450 days................80 percent; 499
758	758	6. Within 540 days................75 percent; 500
759	759	7. Within 630 days................70 percent; 501
760	760	8. Within 720 days................65 percent; 502
761	761	9. Within 810 days................60 percent; 503
762	762	10. Within 900 days...............55 percent; 504
763	763	11. Within 990 days ...............50 percent; 505
764	764	12. Within 1,095 days .............45 percent; or 506
765	765	(b) If the defendant is deceased within 1,095 days after 507
766	766	forfeiture, 100 percent of forfeiture. 508
767	767	(3) In addition, within 1,095 days after forfeiture, if 509
768	768	the state is unwilling to seek extradition of the defendant from 510
769	769	any jail or prison after a request by the surety agent, bail 511
770	770	agency, or the surety company, and contingent upon the surety 512
771	771	agent, or bail agency, or surety company consenting to pay all 513
772	772	costs incurred by an official in returning the defendant to the 514
773	773	jurisdiction of the court, as provided in s. 903.21(3), up to 515
774	774	the penal amount of the bond, the court shall direct remission 516
775	775	of 100 percent of the forfeiture. In addition, if the defendant 517
776	776	is deceased, was confined in any county, state, federal, or 518
777	777	immigration detention facility, and subsequently was released 519
778	778	from custody or deported without the state placing a detainer on 520
779	779	the defendant, the court shall direct remission of 100 percent 521
780	780	of the forfeiture. of up to, but not more than, 100 percent of a 522
781	781
782	782	HB 323 2025
783	783
784	784
785	785
786	786	CODING: Words stricken are deletions; words underlined are additions.
787	787	hb323-00
788	788	Page 22 of 31
789	789	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
790	790
791	791
792	792
793	793	forfeiture if the surety apprehended and surrendered the 523
794	794	defendant or if the apprehension or surrender of the defendant 524
795	795	was substantially procured or caused by the surety, or the 525
796	796	surety has substantially attempted to procure or cause the 526
797	797	apprehension or surrender of the defendant, and the delay has 527
798	798	not thwarted the proper prosecution of the defendant. In 528
799	799	addition, remission shall be granted when the surety did not 529
800	800	substantially participate or attempt to pa rticipate in the 530
801	801	apprehension or surrender of the defendant when the costs of 531
802	802	returning the defendant to the jurisdiction of the court have 532
803	803	been deducted from the remission and when the delay has not 533
804	804	thwarted the proper prosecution of the defendant. 534
805	805	(3) If the defendant surrenders or is apprehended within 535
806	806	180 days after forfeiture, the court, on motion at a hearing 536
807	807	upon notice having been given to the clerk of the circuit court 537
808	808	and the state attorney as required in subsection (8), shall 538
809	809	direct remission of up to, but not more than, 95 percent of a 539
810	810	forfeiture if the surety apprehended and surrendered the 540
811	811	defendant or if the apprehension or surrender of the defendant 541
812	812	was substantially procured or caused by the surety, or the 542
813	813	surety has substantially attempte d to procure or cause the 543
814	814	apprehension or surrender of the defendant, and the delay has 544
815	815	not thwarted the proper prosecution of the defendant. In 545
816	816	addition, remission shall be granted when the surety did not 546
817	817	substantially participate or attempt to participat e in the 547
818	818
819	819	HB 323 2025
820	820
821	821
822	822
823	823	CODING: Words stricken are deletions; words underlined are additions.
824	824	hb323-00
825	825	Page 23 of 31
826	826	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
827	827
828	828
829	829
830	830	apprehension or surrender of the defendant when the costs of 548
831	831	returning the defendant to the jurisdiction of the court have 549
832	832	been deducted from the remission and when the delay has not 550
833	833	thwarted the proper prosecution of the defendant. 551
834	834	(4) If the defendant surrenders or is apprehended within 552
835	835	270 days after forfeiture, the court, on motion at a hearing 553
836	836	upon notice having been given to the clerk of the circuit court 554
837	837	and the state attorney as required in subsection (8), shall 555
838	838	direct remission of up to, but not more than, 90 percent of a 556
839	839	forfeiture if the surety apprehended and surrendered the 557
840	840	defendant or if the apprehension or surrender of the defendant 558
841	841	was substantially procured or caused by the surety, or the 559
842	842	surety has substantially attempted to pro cure or cause the 560
843	843	apprehension or surrender of the defendant, and the delay has 561
844	844	not thwarted the proper prosecution of the defendant. In 562
845	845	addition, remission shall be granted when the surety did not 563
846	846	substantially participate or attempt to participate in the 564
847	847	apprehension or surrender of the defendant when the costs of 565
848	848	returning the defendant to the jurisdiction of the court have 566
849	849	been deducted from the remission and when the delay has not 567
850	850	thwarted the proper prosecution of the defendant. 568
851	851	(5) If the defendant surrenders or is apprehended within 1 569
852	852	year after forfeiture, the court, on motion at a hearing upon 570
853	853	notice having been given to the clerk of the circuit court and 571
854	854	the state attorney as required in subsection (8), shall direct 572
855	855
856	856	HB 323 2025
857	857
858	858
859	859
860	860	CODING: Words stricken are deletions; words underlined are additions.
861	861	hb323-00
862	862	Page 24 of 31
863	863	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
864	864
865	865
866	866
867	867	remission of up to, but not m ore than, 85 percent of a 573
868	868	forfeiture if the surety apprehended and surrendered the 574
869	869	defendant or if the apprehension or surrender of the defendant 575
870	870	was substantially procured or caused by the surety, or the 576
871	871	surety has substantially attempted to procure or ca use the 577
872	872	apprehension or surrender of the defendant, and the delay has 578
873	873	not thwarted the proper prosecution of the defendant. In 579
874	874	addition, remission shall be granted when the surety did not 580
875	875	substantially participate or attempt to participate in the 581
876	876	apprehension or surrender of the defendant when the costs of 582
877	877	returning the defendant to the jurisdiction of the court have 583
878	878	been deducted from the remission and when the delay has not 584
879	879	thwarted the proper prosecution of the defendant. 585
880	880	(6) If the defendant surrender s or is apprehended within 2 586
881	881	years after forfeiture, the court, on motion at a hearing upon 587
882	882	notice having been given to the clerk of the circuit court and 588
883	883	the state attorney as required in subsection (8), shall direct 589
884	884	remission of up to, but not more than, 50 percent of a 590
885	885	forfeiture if the surety apprehended and surrendered the 591
886	886	defendant or if the apprehension or surrender of the defendant 592
887	887	was substantially procured or caused by the surety, or the 593
888	888	surety has substantially attempted to procure or cause the 594
889	889	apprehension or surrender of the defendant, and the delay has 595
890	890	not thwarted the proper prosecution of the defendant. In 596
891	891	addition, remission shall be granted when the surety did not 597
892	892
893	893	HB 323 2025
894	894
895	895
896	896
897	897	CODING: Words stricken are deletions; words underlined are additions.
898	898	hb323-00
899	899	Page 25 of 31
900	900	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
901	901
902	902
903	903
904	904	substantially participate or attempt to participate in the 598
905	905	apprehension or surrender of the defendant when the costs of 599
906	906	returning the defendant to the jurisdiction of the court have 600
907	907	been deducted from the remission and when the delay has not 601
908	908	thwarted the proper prosecution of the defendant. 602
909	909	(4)(7) The remission of a forfeiture ma y not be ordered 603
910	910	for any reason other than as specified in this section herein. 604
911	911	(5)(8) An application for remission must be accompanied by 605
912	912	affidavits setting forth the facts on which it is founded; 606
913	913	however, the surety must establish by further documentat ion or 607
914	914	other evidence any claimed attempt at procuring or causing the 608
915	915	apprehension or surrender of the defendant before the court may 609
916	916	order remission based upon an attempt to procure or cause such 610
917	917	apprehension or surrender. The clerk of the circuit court a nd 611
918	918	the state attorney must be given 10 20 days' notice before a 612
919	919	hearing on an application and be furnished copies of all papers, 613
920	920	applications, and affidavits. Remission shall be granted on the 614
921	921	condition of payment of costs, as provided in s. 903.21(3), 615
922	922	unless the ground for remission is that there was no breach of 616
923	923	the bond. 617
924	924	(6)(9) The clerk of the circuit court may enter into a 618
925	925	contract with a private attorney or into an interagency 619
926	926	agreement with a governmental agency to represent the clerk of 620
927	927	the court in an action for the remission of a forfeiture under 621
928	928	this section. 622
929	929
930	930	HB 323 2025
931	931
932	932
933	933
934	934	CODING: Words stricken are deletions; words underlined are additions.
935	935	hb323-00
936	936	Page 26 of 31
937	937	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
938	938
939	939
940	940
941	941	(7)(10) The clerk of the circuit court is the real party 623
942	942	in interest for all appeals arising from an action for the 624
943	943	remission of a forfeiture under this section. 625
944	944	(8) The clerk of the ci rcuit court must issue the 626
945	945	remission within 10 days after entry of a court order directing 627
946	946	remission. Remissions not issued within 10 days as directed 628
947	947	shall accrue interest at the rate of 1.5 percent per month. 629
948	948	Section 16. Section 903.29, Florida Statu tes, is amended 630
949	949	to read: 631
950	950	903.29 Arrest of principal by surety after forfeiture. —632
951	951	Within 3 2 years from the date of forfeiture of a bond, the 633
952	952	surety may arrest the principal for the purpose of surrendering 634
953	953	the principal to the official in whose custody she or he was at 635
954	954	the time bail was taken or in whose custody the principal would 636
955	955	have been placed had she or he been committed. 637
956	956	Section 17. Subsections (1) and (2) of section 903.31, 638
957	957	Florida Statutes, are amended to read: 639
958	958	903.31 Canceling the bond. — 640
959	959	(1) Within 10 business days after the conditions of a bond 641
960	960	have been satisfied or the forfeiture discharged or remitted, 642
961	961	the court shall order the bond canceled and, if the surety has 643
962	962	attached a certificate of cancellation to the original bond, the 644
963	963	clerk of the court shall mail or electronically furnish an 645
964	964	executed certificate of cancellation to the surety without cost. 646
965	965	The clerk must discharge the bond upon an adjudication of guilt 647
966	966
967	967	HB 323 2025
968	968
969	969
970	970
971	971	CODING: Words stricken are deletions; words underlined are additions.
972	972	hb323-00
973	973	Page 27 of 31
974	974	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
975	975
976	976
977	977
978	978	or innocence or an acquittal or, if a period of 36 months has 648
979	979	passed since the original bond was posted ., or a Withholding of 649
980	980	an adjudication of guilt or a finding of guilt or a no action by 650
981	981	the state shall satisfy the conditions of the bond. If the bond 651
982	982	has been revoked, annulled, or ca ncelled by the court, the clerk 652
983	983	must discharge or cancel the bond. The original appearance bond 653
984	984	shall expire 36 months after such bond has been posted for the 654
985	985	release of the defendant from custody. This subsection does not 655
986	986	apply to cases in which a bond ha s been declared forfeited 656
987	987	before the 36-month expiration unless the forfeiture was set 657
988	988	aside or discharged or the original bond was reinstated, or a 658
989	989	new bond was posted. 659
990	990	(2) The original appearance bond does not guarantee a 660
991	991	deferred sentence or a sentencing deferral, delayed sentencing, 661
992	992	appearance after entering a plea agreement ; appearance during or 662
993	993	after a presentence investigation; appearance during or after 663
994	994	appeals; conduct during or appearance after admission to a 664
995	995	pretrial intervention program; place ment in a court-ordered 665
996	996	program, including a residential mental health facility; payment 666
997	997	of fines; or attendance at educational or rehabilitation 667
998	998	facilities the court otherwise provides in the judgment. If the 668
999	999	original appearance bond has been forfeited or revoked, the bond 669
1000	1000	shall not be reinstated without approval from the surety on the 670
1001	1001	original bond. 671
1002	1002	Section 18. Subsection (2) of section 924.065, Florida 672
1003	1003
1004	1004	HB 323 2025
1005	1005
1006	1006
1007	1007
1008	1008	CODING: Words stricken are deletions; words underlined are additions.
1009	1009	hb323-00
1010	1010	Page 28 of 31
1011	1011	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
1012	1012
1013	1013
1014	1014
1015	1015	Statutes, is amended to read: 673
1016	1016	924.065 Denial of motion for new trial or arrest of 674
1017	1017	judgment; appeal bond; supersedeas. — 675
1018	1018	(2) An appeal may not be a supersedeas to the execution of 676
1019	1019	the judgment, sentence, or order of until the appellant has 677
1020	1020	entered into a bond with at least two sureties to secure the 678
1021	1021	payment of the judgment, fine, and any future costs that may be 679
1022	1022	adjudged by the appellate court. The bond shall be conditioned 680
1023	1023	on the appellant's personally answering and abiding by the final 681
1024	1024	order, sentence, or judgment of the appellate court and, if the 682
1025	1025	action is remanded, on the appellant's appearing bef ore the 683
1026	1026	court in which the case was originally determined and not 684
1027	1027	departing without leave of court. 685
1028	1028	Section 19. Subsection (1) of section 951.26, Florida 686
1029	1029	Statutes, is amended to read: 687
1030	1030	951.26 Public safety coordinating councils. — 688
1031	1031	(1) Each board of c ounty commissioners shall establish a 689
1032	1032	county public safety coordinating council for the county or 690
1033	1033	shall join with a consortium of one or more other counties to 691
1034	1034	establish a public safety coordinating council for the 692
1035	1035	geographic area represented by the member counties. 693
1036	1036	(a)1. The public safety coordinating council for a county 694
1037	1037	shall consist of: 695
1038	1038	a. The state attorney, or an assistant state attorney 696
1039	1039	designated by the state attorney. 697
1040	1040
1041	1041	HB 323 2025
1042	1042
1043	1043
1044	1044
1045	1045	CODING: Words stricken are deletions; words underlined are additions.
1046	1046	hb323-00
1047	1047	Page 29 of 31
1048	1048	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
1049	1049
1050	1050
1051	1051
1052	1052	b. The public defender, or an assistant public defender 698
1053	1053	designated by the public defender. 699
1054	1054	c. The chief circuit judge, or another circuit judge 700
1055	1055	designated by the chief circuit judge. 701
1056	1056	d. The chief county judge, or another county judge 702
1057	1057	designated by the chief county judge. 703
1058	1058	e. The chief correctional officer. 704
1059	1059	f. The sheriff, or a member designated by the sheriff, if 705
1060	1060	the sheriff is not the chief correctional officer. 706
1061	1061	g. The state probation circuit administrator, or a member 707
1062	1062	designated by the state probation circuit administrator, to be 708
1063	1063	appointed to a 4-year term. 709
1064	1064	h. The chairperson of the board of county commissioners, 710
1065	1065	or another county commissioner as designee. 711
1066	1066	i. If the county has such program available, the director 712
1067	1067	of any county probation or pretrial intervention program, to be 713
1068	1068	appointed to a 4-year term. 714
1069	1069	j. The director of a local substance abuse treatment 715
1070	1070	program, or a member designated by the director, to be appointed 716
1071	1071	to a 4-year term. 717
1072	1072	k. Representatives from county and state jobs programs and 718
1073	1073	other community groups who work with offenders and victims, 719
1074	1074	appointed by the chairperson of the board of county 720
1075	1075	commissioners to 4-year terms. 721
1076	1076	(l) A bail agent licensed pursuant to s. 648.30, 722
1077	1077
1078	1078	HB 323 2025
1079	1079
1080	1080
1081	1081
1082	1082	CODING: Words stricken are deletions; words underlined are additions.
1083	1083	hb323-00
1084	1084	Page 30 of 31
1085	1085	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
1086	1086
1087	1087
1088	1088
1089	1089	designated by the council, to be appointed to a 4 -year term. 723
1090	1090	2. The chairperson of the board of county commissioners, 724
1091	1091	or another county commissioner as designee, shall serve as the 725
1092	1092	chairperson of the council until the council elects a 726
1093	1093	chairperson from the membership of the council. 727
1094	1094	(b)1. The public safety coordinating council for a 728
1095	1095	consortium of two or more counties shall consist o f the 729
1096	1096	following members, appointed with the approval of each board of 730
1097	1097	county commissioners within the consortium: 731
1098	1098	a. A chief circuit judge, or a circuit judge designated by 732
1099	1099	a chief circuit judge. 733
1100	1100	b. A chief county judge, or a county judge designated by a 734
1101	1101	chief county judge. 735
1102	1102	c. A state attorney, or an assistant state attorney 736
1103	1103	designated by a state attorney. 737
1104	1104	d. A public defender, or an assistant public defender 738
1105	1105	designated by a public defender. 739
1106	1106	e. A state probation circuit administrator, or a member 740
1107	1107	designated by a state probation circuit administrator, to be 741
1108	1108	appointed to a 4-year term. 742
1109	1109	f. A physician who practices in the area of alcohol and 743
1110	1110	substance abuse, to be appointed to a 4 -year term. 744
1111	1111	g. A mental health professional who practices in the area 745
1112	1112	of alcohol and substance abuse, to be appointed to a 4 -year 746
1113	1113	term. 747
1114	1114
1115	1115	HB 323 2025
1116	1116
1117	1117
1118	1118
1119	1119	CODING: Words stricken are deletions; words underlined are additions.
1120	1120	hb323-00
1121	1121	Page 31 of 31
1122	1122	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
1123	1123
1124	1124
1125	1125
1126	1126	h. A sheriff or a jail administrator for a county within 748
1127	1127	the consortium. 749
1128	1128	i. A chief of police for a municipality within the 750
1129	1129	geographic area of the consortium. 751
1130	1130	j. A county commissi oner from each member county of the 752
1131	1131	consortium. 753
1132	1132	k. An elected member of the governing body of the most 754
1133	1133	populous municipality within the geographic area of the 755
1134	1134	consortium. 756
1135	1135	l. An elected member of a school board within the 757
1136	1136	geographic area of the consorti um. 758
1137	1137	m. A bail agent licensed pursuant to s. 648.30, designated 759
1138	1138	the Florida Bail Agents Association, to be appointed to a 4 -year 760
1139	1139	term. 761
1140	1140	2. The members of the public safety coordinating council 762
1141	1141	shall elect a chairperson from among its members. 763
1142	1142	Section 20. This act shall take effect July 1, 2025. 764