Florida Senate - 2025 SB 456 By Senator Truenow 13-00236A-25 2025456__ 1 A bill to be entitled 2 An act relating to bail bonds; reenacting and amending 3 s. 903.011, F.S.; requiring, rather than authorizing, 4 that any monetary or cash component of any form of 5 pretrial release be met by specified means; amending 6 s. 903.045, F.S.; revising a statement of public 7 policy and legislative intent relating to the nature 8 of criminal bail bonds; amending s. 903.046, F.S.; 9 revising the criteria that a court must consider in 10 making specified determinations; amending s. 903.0471, 11 F.S.; requiring that, upon a courts entry of an order 12 to revoke pretrial release and order pretrial 13 detention, the clerk of the court discharge any bond 14 previously posted as a condition of pretrial release 15 without further order of the court; amending s. 16 903.05, F.S.; deleting the requirement that a surety 17 own certain real estate as a qualification for the 18 release of a person on bail; repealing s. 903.08, 19 F.S., relating to sufficiency of sureties; amending s. 20 903.09, F.S.; requiring sureties, other than bail bond 21 agents, to justify their suretyship by attaching to 22 the bond United States currency, a United States 23 postal money order, or a cashiers check in the amount 24 of the bond; providing that such currency, money 25 order, or cashiers check may not be used to secure 26 more than one bond; deleting the requirement that a 27 surety execute an affidavit providing certain 28 information; amending s. 903.101, F.S.; conforming a 29 provision to changes made by the act; amending s. 30 903.16, F.S.; authorizing a defendant who has been 31 admitted to bail, or another person on the defendants 32 behalf, to deposit with the official authorized to 33 take bail money an amount equal to the bail amount set 34 in the court order; requiring that such deposit be 35 receipted in the name of the defendant; requiring, 36 rather than authorizing, the sheriff or other 37 officials to remit to the clerk money or bonds 38 received which are to be held by the clerk pending 39 court action; deleting a provision stating that 40 consent is conclusively presumed for the clerk of the 41 circuit court to sell bonds deposited as bail after 42 forfeiture of the bond; repealing s. 903.17, F.S., 43 relating to substitution of cash bail for other bail; 44 amending s. 903.21, F.S.; specifying that the surety 45 is exonerated of liability on a bond if a specified 46 determination is made before forfeiture of the bond; 47 requiring clerks, upon a certain affirmation by the 48 sheriff or the chief correctional officer, to 49 discharge the bond without further hearing or order 50 from the court; amending s. 903.26, F.S.; providing 51 that a certain signed certificate that certifies a 52 specified required notice constitutes sufficient proof 53 of the mailing or electronic transmission of such 54 notice; deleting a requirement that municipal 55 officials having custody of forfeited money deposit 56 such money in a designated municipal fund within 60 57 days after the forfeiture notice has been mailed or 58 electronically transmitted; deleting certain 59 requirements that must be met when bonds are 60 forfeited; revising the circumstances under which the 61 court is required to discharge a forfeiture within a 62 specified timeframe; specifying circumstances under 63 which the clerk must discharge a forfeiture and issue 64 a certain notice to the surety without further order 65 of the court; specifying circumstances under which the 66 clerk does not have standing to object to specified 67 motions; conforming provisions to changes made by the 68 act; making technical changes; amending s. 903.27, 69 F.S.; requiring the clerk of the circuit court to 70 enter a certain judgment if the forfeiture is not paid 71 or discharged by order of a court of competent 72 jurisdiction within 60 days after the forfeiture 73 notice has been mailed or electronically transmitted; 74 reducing the number of days within which the clerk 75 must furnish specified information to the Department 76 of Financial Services and the Office of Insurance 77 Regulation of the Financial Services Commission and 78 the surety company at its home office; conforming 79 provisions to changes made by the act; amending s. 80 903.28, F.S.; increasing the amount of time within 81 which a court must order remission of a forfeiture if 82 it determines that there was no breach of the bond; 83 requiring a court, upon a certain motion, to order 84 remission in accordance with specified provisions if a 85 defendant surrenders, is deceased, is apprehended, or 86 is deported within a certain time after forfeiture; 87 deleting provisions relating to the ordering of 88 remission under specified circumstances; decreasing 89 the amount of time for which the clerk of the circuit 90 court and the state attorney must be given notice 91 before a certain hearing and be furnished with copies 92 of certain documents; requiring the clerk of the 93 circuit court to issue a remission within a certain 94 timeframe after the entry of a court order directing 95 remission; providing for accrual of interest if 96 remission is not issued within such timeframe; 97 amending s. 903.31, F.S.; revising provisions relating 98 to the ordering of a bond cancellation; revising 99 applicability; defining the term revoked; specifying 100 that the original appearance bond does not guarantee a 101 sentencing deferral, a delayed sentencing, or an 102 appearance after entering a plea agreement; amending 103 s. 924.065, F.S.; specifying that an appeal may not be 104 a supersedeas to the execution of the judgment, 105 sentence, or order of the payment of the judgment, 106 fine, and any future costs that may be adjudged by the 107 appellate court; deleting a provision requiring that 108 bonds be conditioned on certain factors; amending s. 109 951.26, F.S.; requiring that county public safety 110 coordinating councils include a licensed bail bond 111 agent; providing for designation and the term of such 112 agents; requiring that public safety coordinating 113 councils for a consortium of counties include a 114 licensed bond agent; providing for designation and the 115 term of such agents; reenacting ss. 903.047(1)(c) and 116 907.041(5)(c) and (d), F.S., relating to conditions of 117 pretrial release and pretrial detention and release, 118 respectively, to incorporate the amendment made to s. 119 903.046, F.S., in references thereto; reenacting s. 120 903.286(2), F.S., relating to cash bond forms, to 121 incorporate the amendment made to s. 903.09, F.S., in 122 a reference thereto; reenacting s. 924.14, F.S., 123 relating to stay of execution when a defendant 124 appeals, to incorporate the amendment made to s. 125 924.065, F.S., in a reference thereto; providing an 126 effective date. 127 128 Be It Enacted by the Legislature of the State of Florida: 129 130 Section 1.Subsection (2) of section 903.011, Florida 131 Statutes, is amended, and subsection (6) of that section is 132 reenacted, to read: 133 903.011Pretrial release; general terms; statewide uniform 134 bond schedule. 135 (2)Any monetary or cash component of any form of pretrial 136 release must may be met by a surety bond, United States 137 currency, United States postal money order, or a cashiers 138 check. 139 (6)A person may not be released before his or her first 140 appearance hearing or bail determination and a judge must 141 determine the appropriate bail, if any, based on an 142 individualized consideration of the criteria in s. 903.046(2), 143 if the person meets any of the following criteria: 144 (a)The person was, at the time of arrest for any felony, 145 on pretrial release, probation, or community control in this 146 state or any other state; 147 (b)The person was, at the time of arrest, designated as a 148 sexual offender or sexual predator in this state or any other 149 state; 150 (c)The person was arrested for violating a protective 151 injunction; 152 (d)The person was, at the time of arrest, on release from 153 supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 154 944.4731; 155 (e)The person has, at any time before the current arrest, 156 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a 157 prison releasee reoffender, habitual violent felony offender, 158 three-time violent felony offender, or violent career criminal; 159 (f)The person has been arrested three or more times in the 160 6 months immediately preceding his or her arrest for the current 161 offense; or 162 (g)The persons current offense of arrest is for one or 163 more of the following crimes: 164 1.A capital felony, life felony, felony of the first 165 degree, or felony of the second degree; 166 2.A homicide under chapter 782; or any attempt, 167 solicitation, or conspiracy to commit a homicide; 168 3.Assault in furtherance of a riot or an aggravated riot; 169 felony battery; domestic battery by strangulation; domestic 170 violence, as defined in s. 741.28; stalking; mob intimidation; 171 assault or battery on a law enforcement officer; assault or 172 battery on juvenile probation officer, or other staff of a 173 detention center or commitment facility, or a staff member of a 174 commitment facility, or health services personnel; assault or 175 battery on a person 65 years of age or older; robbery; burglary; 176 carjacking; or resisting an officer with violence; 177 4.Kidnapping, false imprisonment, human trafficking, or 178 human smuggling; 179 5.Possession of a firearm or ammunition by a felon, 180 violent career criminal, or person subject to an injunction 181 against committing acts of domestic violence, stalking, or 182 cyberstalking; 183 6.Sexual battery; indecent, lewd, or lascivious touching; 184 exposure of sexual organs; incest; luring or enticing a child; 185 or child pornography; 186 7.Abuse, neglect, or exploitation of an elderly person or 187 disabled adult; 188 8.Child abuse or aggravated child abuse; 189 9.Arson; riot, aggravated riot, inciting a riot, or 190 aggravated inciting a riot; or a burglary or theft during a 191 riot; 192 10.Escape; tampering or retaliating against a witness, 193 victim, or informant; destruction of evidence; or tampering with 194 a jury; 195 11.Any offense committed for the purpose of benefiting, 196 promoting, or furthering the interests of a criminal gang; 197 12.Trafficking in a controlled substance, including 198 conspiracy to engage in trafficking in a controlled substance; 199 13.Racketeering; or 200 14.Failure to appear at required court proceedings while 201 on bail. 202 Section 2.Section 903.045, Florida Statutes, is amended to 203 read: 204 903.045Nature of criminal surety bail bonds.It is the 205 public policy of this state and the intent of the Legislature 206 that a criminal surety bail bond, executed by a bail bond agent 207 licensed pursuant to chapter 648, or by a resident of this 208 state, in connection with the pretrial or appellate release of a 209 criminal defendant, shall be construed as a commitment by and an 210 obligation upon such agent or resident the bail bond agent to 211 ensure that the defendant appears at all criminal proceedings 212 for which such bail the surety bond is posted. 213 Section 3.Paragraph (d) of subsection (2) of section 214 903.046, Florida Statutes, is amended to read: 215 903.046Purpose of and criteria for bail determination. 216 (2)When determining whether to release a defendant on bail 217 or other conditions, and what that bail or those conditions may 218 be, the court shall consider: 219 (d)The defendants past and present conduct, including any 220 record of convictions, previous flight to avoid prosecution, or 221 failure to appear at court proceedings. However, any defendant 222 who had failed to appear on the day of any required court 223 proceeding in the case at issue, but who had later voluntarily 224 appeared or surrendered, shall not be eligible for a 225 recognizance bond; and any defendant who failed to appear on the 226 day of any required court proceeding in the case at issue and 227 who was later arrested shall not be eligible for a recognizance 228 bond or for any form of bond which does not require the greater 229 of a monetary undertaking or commitment equal to or greater than 230 $2,000 or twice the value of the monetary commitment or 231 undertaking of the original bond, whichever is greater. 232 Notwithstanding anything in this section, the court has 233 discretion in determining conditions of release if the defendant 234 proves circumstances beyond his or her control for the failure 235 to appear. This section may not be construed as imposing 236 additional duties or obligations on a governmental entity 237 related to monetary bonds. 238 Section 4.Section 903.0471, Florida Statutes, is amended 239 to read: 240 903.0471Violation of condition of pretrial release. 241 Notwithstanding s. 907.041, a court may, on its own motion, 242 revoke pretrial release and order pretrial detention if the 243 court finds probable cause to believe that the defendant 244 committed a new crime while on pretrial release or violated any 245 other condition of pretrial release in a material respect. Upon 246 entry of such an order to revoke pretrial release and order 247 pretrial detention, the clerk of the court must discharge any 248 bond previously posted as a condition of pretrial release 249 without further order of the court. 250 Section 5.Section 903.05, Florida Statutes, is amended to 251 read: 252 903.05Qualification of sureties.A surety for the release 253 of a person on bail, other than a company authorized by law to 254 act as a surety, must shall be a resident of this the state or 255 own real estate within the state. 256 Section 6.Section 903.08, Florida Statutes, is repealed. 257 Section 7.Subsection (1) of section 903.09, Florida 258 Statutes, is amended to read: 259 903.09Justification of sureties. 260 (1)A surety, other than a bail bond agent as defined in s. 261 648.25, shall justify his or her suretyship by attaching to the 262 bond United States currency, a United States postal money order, 263 or a cashiers check in the amount of the bond; however, the 264 United States currency, United States postal money order, or 265 cashiers check may not be used to secure more than one bond 266 execute an affidavit stating that she or he possesses the 267 qualifications and net worth required to become a surety. The 268 affidavit shall describe the suretys property and any 269 encumbrances and shall state the number and amount of any bonds 270 entered into by the surety at any court that remain 271 undischarged. 272 Section 8.Section 903.101, Florida Statutes, is amended to 273 read: 274 903.101Sureties; licensed persons; to have equal access. 275 Subject to rules adopted by the Department of Financial Services 276 and by the Financial Services Commission, every surety who meets 277 the requirements of ss. 903.05, 903.06, 903.08, and 903.09, and 278 every person who is currently licensed by the Department of 279 Financial Services and registered as required by s. 648.42 has 280 shall have equal access to the jails of this state for the 281 purpose of making bonds. 282 Section 9.Section 903.16, Florida Statutes, is amended to 283 read: 284 903.16Deposit of money or bonds as bail. 285 (1)A defendant who has been admitted to bail, or another 286 person in the defendants behalf, may deposit with the official 287 authorized to take bail money an amount equal to the bail amount 288 set in the court order. Such deposit must be receipted in the 289 name of the defendant or nonregistered bonds of the United 290 States, the state, or a city, town, or county in the state, 291 equal in market value to the amount set in the order and the 292 personal bond of the defendant and an undertaking by the 293 depositor if the money or bonds are deposited by another. The 294 sheriff or other officials must may remit money or bonds 295 received to the clerk to be held by the clerk pending court 296 action or return to the defendant or depositor. The clerk shall 297 accept money or bonds remitted by the sheriff. 298 (2)Consent is conclusively presumed for the clerk of the 299 circuit court to sell bonds deposited as bail after forfeiture 300 of the bond. 301 Section 10.Section 903.17, Florida Statutes, is repealed. 302 Section 11.Subsection (3) of section 903.21, Florida 303 Statutes, is amended to read: 304 903.21Method of surrender; exoneration of obligors. 305 (3)(a)The surety shall be exonerated of liability on the 306 bond if it is determined before forfeiture breach of the bond 307 that the defendant is in any jail or prison and the surety 308 agrees in writing to pay the costs and expenses incurred in 309 returning the defendant to the jurisdiction of the court. Upon 310 affirmation by the sheriff or the chief correctional officer of 311 the defendant being in any jail or prison and the surety 312 agreeing in writing to pay the costs and expenses incurred in 313 returning the defendant to the jurisdiction of the court, the 314 clerk must discharge the bond without further hearing or order 315 of the court. A surety is only responsible for the itemized 316 costs and expenses incurred for the transport of a defendant to 317 whom he or she has a fiduciary duty and is not liable for the 318 costs and expenses incurred in transporting any other defendant. 319 (b)As used in For purposes of this subsection, the term: 320 1.Costs and expenses means the prorated salary of any 321 law enforcement officer or employee of a contracted 322 transportation company as well as the actual expenses of 323 transporting each defendant, which may only consist of mileage, 324 vehicle expenses, meals, and, if necessary, overnight lodging 325 for any law enforcement officer or employee of a contracted 326 transportation company and the defendant. 327 2.Jurisdiction means the county from which the defendant 328 was released on bail. 329 Section 12.Section 903.26, Florida Statutes, is amended to 330 read: 331 903.26Forfeiture of the bond; when and how directed; 332 discharge; how and when made; effect of payment. 333 (1)A bail bond may shall not be forfeited unless: 334 (a)The information, indictment, or affidavit was filed 335 within 6 months after from the date of arrest, and 336 (b)The clerk of the court gave the surety at least 72 337 hours notice, exclusive of Saturdays, Sundays, and holidays, 338 before the time of the required appearance of the defendant. 339 Notice is shall not be necessary if the time for appearance is 340 within 72 hours after from the time of arrest, or if the time is 341 stated on the bond. Such notice may be mailed or electronically 342 transmitted. A certificate signed by the clerk of the court or 343 the clerks designee which certifies that the notice required 344 under this paragraph was mailed or electronically transmitted on 345 a specified date and time and which is accompanied by a copy of 346 the required notice constitutes sufficient proof that such 347 mailing or electronic transmission was properly accomplished as 348 required in this paragraph. 349 (2)(a)If there is a failure of the defendant to appear as 350 required, the court must shall declare the bond and any bonds or 351 money deposited as bail forfeited. The clerk of the court shall 352 mail or electronically transmit a notice to the surety agent, 353 bail agency, and surety company within 5 days after the 354 forfeiture. A certificate signed by the clerk of the court or 355 the clerks designee which certifies, certifying that the notice 356 required under this section herein was mailed or electronically 357 transmitted on a specified date and which is accompanied by a 358 copy of the required notice, constitutes shall constitute 359 sufficient proof that such mailing or electronic transmission 360 was properly accomplished as required in this paragraph 361 indicated therein. If such mailing or electronic transmission 362 was properly accomplished as evidenced by such certificate, the 363 failure of the surety agent, a bail agency, of a company, or of 364 a defendant to receive such notice does shall not constitute a 365 defense to such forfeiture and may shall not be grounds for 366 discharge, remission, reduction, set aside, or continuance of 367 such forfeiture. The forfeiture must shall be paid within 60 368 days after the date the notice was mailed or electronically 369 transmitted. 370 (b)If Failure of the defendant fails to appear at the 371 time, date, and place of required appearance, shall result in 372 forfeiture of the bond is forfeited. Such forfeiture must shall 373 be automatically entered by the clerk upon such failure to 374 appear, and the clerk shall follow the procedures in paragraph 375 (a). However, the court may determine, in its discretion and, in 376 the interest of justice, that an appearance by the defendant on 377 the same day as required day does not warrant forfeiture of the 378 bond; and the court may direct the clerk to set aside any such 379 forfeiture which may have been entered. Any appearance by the 380 defendant later than the required day constitutes forfeiture of 381 the bond, and the court may shall not preclude entry of such 382 forfeiture by the clerk. 383 (c)If there is a forfeiture of the bond, the clerk must 384 shall provide, upon request, a certified copy of the warrant or 385 capias to the bail bond agent or surety company. 386 (3)Sixty days after the forfeiture notice has been mailed 387 or electronically transmitted: 388 (a)State and county officials having custody of forfeited 389 money shall deposit the money in the fine and forfeiture fund 390 established pursuant to s. 142.01. 391 (b)Municipal officials having custody of forfeited money 392 shall deposit the money in a designated municipal fund. 393 (c)Officials having custody of bonds as authorized by s. 394 903.16 shall transmit the bonds to the clerk of the circuit 395 court who shall sell them at market value and disburse the 396 proceeds as provided in paragraph (a) paragraphs (a) and (b). 397 (4)(a)When a bond is forfeited, the clerk shall transmit 398 the bond and any affidavits to the clerk of the circuit court in 399 which the bond and affidavits are filed. The clerk of the 400 circuit court shall record the forfeiture in the deed or 401 official records book. If the undertakings and affidavits 402 describe real property in another county, the clerk shall 403 transmit the bond and affidavits to the clerk of the circuit 404 court of the county where the property is located who shall 405 record and return them. 406 (b)The bond and affidavits shall be a lien on the real 407 property they describe from the time of recording in the county 408 where the property is located for 2 years or until the final 409 determination of an action instituted thereon within a 2-year 410 period. If an action is not instituted within 2 years from the 411 date of recording, the lien shall be discharged. The lien will 412 be discharged 2 years after the recording even if an action was 413 instituted within 2 years unless a lis pendens notice is 414 recorded in the action. 415 (5)The court shall discharge a forfeiture within 60 days 416 upon any of the following: 417 (a)A determination that, due to circumstances beyond the 418 defendants control, it was impossible for the defendant to 419 appear as required or within 60 days after the forfeiture notice 420 was mailed or electronically transmitted date of the required 421 appearance due to circumstances beyond the defendants control. 422 The potential adverse economic consequences of appearing as 423 required may not be considered as constituting a ground for such 424 a determination.; 425 (b)A determination that, at the time of the required 426 appearance or within 60 days after the forfeiture notice was 427 mailed or electronically transmitted date of the required 428 appearance, the defendant was confined in an institution or 429 hospital; was confined in any county, state, federal, or 430 immigration detention facility; was deported; or is deceased.; 431 (c)Surrender or arrest of the defendant at the time of the 432 required appearance or within 60 days after the forfeiture 433 notice was mailed or electronically transmitted date of the 434 required appearance in any county, state, or federal jail or 435 prison and upon a hold being placed to return the defendant to 436 the jurisdiction of the court. The court shall condition a 437 discharge or remission on the payment of costs and the expenses 438 as provided in s. 903.21(3), incurred by an official in 439 returning the defendant to the jurisdiction of the court.; or 440 (d)A determination that the state is unwilling to seek 441 extradition of the fugitive defendant within 10 30 days after a 442 written request by the surety agent to do so, and contingent 443 upon the surety agents consent to pay all costs and the 444 expenses incurred by an official in returning the defendant to 445 the jurisdiction of the court, as provided in s. 903.21(3) up to 446 the penal amount of the bond. If the state does not respond in 447 writing within 10 days after receiving a written request to seek 448 a determination of extradition, the failure to respond is 449 evidence that the state is unwilling to seek extradition. 450 (5)In the interest of justice, if the state is willing to 451 extradite the defendant, the state must enter the information of 452 the defendant into the National Crime Information Center 453 database for the National Law Enforcement Telecommunications 454 System region or regions requested within 10 days after a 455 request by the surety to do so. 456 (6)The discharge of a forfeiture may shall not be ordered 457 for any reason other than as specified herein. 458 (7)The payment by a surety of a forfeiture under this law 459 has shall have the same effect on the bond as payment of a 460 judgment. 461 (8)If the defendant is arrested and returned to the county 462 of jurisdiction of the court or has posted a new bond for the 463 case at issue before judgment, the clerk shall, upon affirmation 464 by the sheriff or the chief correctional officer and, shall, 465 without further hearing or order of the court, discharge the 466 forfeiture of the bond. However, if the surety agent fails to 467 pay the costs and expenses incurred in returning the defendant 468 to the county of jurisdiction, the clerk may shall not discharge 469 the forfeiture of the bond. If the surety agent and the sheriff 470 fail to agree on the amount of such said costs, then the court, 471 after notice to the sheriff and the state attorney, must shall 472 determine the amount of the costs. 473 (9)If, after forfeiture of a bond, the criminal charges 474 for which the bond guaranteed appearance are resolved, 475 adjudicated, or otherwise disposed of by any action of the court 476 or state, the clerk must discharge the forfeiture and issue such 477 notice to the surety without further order of the court. If such 478 resolution or disposition occurs after payment of a forfeiture 479 or judgment, remission must be granted upon proper motion and as 480 specified under s. 903.28. 481 (10) Unless the time for payment or discharge of the 482 forfeiture set forth in s. 903.27(1) has passed, or unless 483 payment of the forfeiture has already been made, the clerk does 484 not have standing to object to a motion to set aside a 485 forfeiture under paragraph (2)(b), a motion to discharge a bond 486 under subsection (4), or a motion to reinstate a bond under s. 487 903.31(2). 488 Section 13.Section 903.27, Florida Statutes, is amended to 489 read: 490 903.27Forfeiture to judgment. 491 (1)If the forfeiture is not paid or discharged by order of 492 a court of competent jurisdiction within 60 days after the 493 forfeiture notice has been mailed or electronically transmitted 494 and the bond is secured other than by money and bonds authorized 495 in s. 903.16, the clerk of the circuit court for the county 496 where the order was made must shall enter a judgment against the 497 surety for the amount of the penalty and issue execution. 498 However, in any case in which the bond forfeiture has been 499 discharged by the court of competent jurisdiction conditioned 500 upon the payment by the surety of certain costs or fees as 501 allowed by statute, the amount for which judgment may be entered 502 may not exceed the amount of the unpaid fees or costs upon which 503 the discharge had been conditioned. Judgment for the full amount 504 of the forfeiture may shall not be entered if payment of a 505 lesser amount will satisfy the conditions to discharge the 506 forfeiture. Within 5 10 days, the clerk shall furnish the 507 Department of Financial Services and the Office of Insurance 508 Regulation of the Financial Services Commission with a certified 509 copy of the judgment docket and shall furnish the surety company 510 at its home office a copy of the judgment, which shall include 511 the power of attorney number of the bond and the name of the 512 executing agent. If the judgment is not paid within 35 days, the 513 clerk must shall furnish the Department of Financial Services, 514 the Office of Insurance Regulation, and the sheriff of the 515 county in which the bond was executed, or the official 516 responsible for operation of the county jail, if that official 517 is not other than the sheriff, two copies of the judgment and a 518 certificate stating that the judgment remains unsatisfied. When 519 and if the judgment is properly paid or an order to vacate the 520 judgment has been entered by a court of competent jurisdiction, 521 the clerk shall immediately notify the sheriff, or other such 522 the official responsible for the operation of the county jail, 523 if other than the sheriff, and, if they have been previously 524 notified of nonpayment, the Department of Financial Services and 525 the Office of Insurance Regulation, if the department and office 526 had been previously notified of nonpayment, of such payment or 527 order to vacate the judgment. The clerk may furnish documents or 528 give notice as required in this subsection by mail or electronic 529 means. The clerk shall also immediately prepare and record in 530 the public records a satisfaction of the judgment or record the 531 order to vacate judgment. If the defendant is returned to the 532 county of jurisdiction of the court, whenever a motion to set 533 aside the judgment is filed, the operation of this section is 534 tolled until the court makes a disposition of the motion. 535 (2)A certificate signed by the clerk of the court or her 536 or his designee which certifies, certifying that the notice 537 required in subsection (1) was mailed or electronically 538 delivered on a specified date, and is accompanied by a copy of 539 the required notice constitutes sufficient proof that such 540 mailing or electronic delivery was properly accomplished as 541 required in this subsection indicated therein. If such mailing 542 or electronic delivery was properly accomplished as evidenced by 543 such certificate, the failure of a company to receive a copy of 544 the judgment as prescribed in subsection (1) does not constitute 545 a defense to the forfeiture and is not a ground for the 546 discharge, remission, reduction, set aside, or continuance of 547 such forfeiture. 548 (3)Surety bail bonds may not be executed by a bail bond 549 agent or a bail agency against whom a judgment has been entered 550 which has remained unpaid for 35 days and may not be executed 551 for a company against whom a judgment has been entered which has 552 remained unpaid for 50 days. A No sheriff or other official who 553 is empowered to accept or approve surety bail bonds may not 554 shall accept or approve such a bond executed by such a bail bond 555 agent or executed for such a company until such judgment has 556 been paid. 557 (4)After notice of judgment against the surety given by 558 the clerk of the circuit court, the surety, a bail agency, or a 559 bail bond agent shall, within 35 days after of the entry of 560 judgment, submit to the clerk of the circuit court an amount 561 equal to the judgment, unless the judgment has been set aside by 562 the court within 35 days after its of the entry of judgment. If 563 a motion to set aside the judgment has been filed pursuant to 564 subsection (5), the amount submitted must shall be held in 565 escrow until such time as the court has disposed of the motion. 566 The failure to comply with the provisions of this subsection 567 constitutes a failure to pay the judgment. 568 (5)After notice of judgment against the surety given by 569 the clerk of the circuit court, the surety, bail agency, or bail 570 bond agent may within 35 days file a motion to set aside or stay 571 the judgment or to stay the judgment. It shall be a condition of 572 Any such motion or and of any order to stay the judgment must be 573 conditioned on payment by that the surety of pay the amount of 574 the judgment to the clerk, which amount must shall be held in 575 escrow until such time as the court has disposed of the motion 576 to set aside the judgment. The filing of such a motion, when 577 accompanied by the required escrow deposit, acts shall act as an 578 automatic stay of further proceedings, including execution, 579 until the motion has been heard and a decision rendered by the 580 court. 581 (6)The failure of a state attorney to file, or of the 582 clerk of the circuit court to make, a certified copy of the 583 order of forfeiture as required by law applicable before prior 584 to July 1, 1982, does shall not invalidate any judgment entered 585 by the clerk before prior to June 12, 1981. 586 Section 14.Section 903.28, Florida Statutes, is amended to 587 read: 588 903.28Remission of forfeiture; conditions. 589 (1)On application within 1,095 days after 2 years from 590 forfeiture, the court must shall order remission of the 591 forfeiture if it determines that there was no breach of the 592 bond. 593 (2)If the defendant surrenders, is deceased, or is 594 apprehended, or is deported within 1,095 90 days after 595 forfeiture, the court, on motion at a hearing upon notice having 596 been given to the clerk of the circuit court and the state 597 attorney as required under subsection (4), must in subsection 598 (8), shall direct remission in accordance with the following: 599 (a)One-hundred percent of the forfeiture if: 600 1.The defendant surrenders, is apprehended, or is deported 601 within 90 days after forfeiture; 602 2.The state is unwilling to seek extradition of the 603 defendant from any jail or prison after a request by the surety 604 agent, bail agency, or the surety company, and contingent upon 605 the surety agent, or bail agency, or surety company consenting 606 to pay all costs incurred by an official in returning the 607 defendant to the jurisdiction of the court, as provided in s. 608 903.21(3)(a), up to the penal amount of the bond; 609 3.The defendant is deceased or was confined in any county, 610 state, federal, or immigration detention facility and 611 subsequently was released from custody or deported without the 612 state placing a detainer on the defendant; or 613 4.The defendant is deceased within 1,095 days after 614 forfeiture. 615 (b)Ninety-five percent of the forfeiture if the defendant 616 surrenders, is apprehended, or is deported within 180 days after 617 forfeiture. 618 (c)Ninety percent of the forfeiture if the defendant 619 surrenders, is apprehended, or is deported within 270 days after 620 forfeiture. 621 (d)Eighty-five percent of the forfeiture if the defendant 622 surrenders, is apprehended, or is deported within 365 days after 623 forfeiture. 624 (e)Eighty percent of the forfeiture if the defendant 625 surrenders, is apprehended, or is deported within 730 days after 626 forfeiture. 627 (f)Seventy-five percent of the forfeiture if the defendant 628 surrenders, is apprehended, or is deported within 1,095 days 629 after forfeiture of up to, but not more than, 100 percent of a 630 forfeiture if the surety apprehended and surrendered the 631 defendant or if the apprehension or surrender of the defendant 632 was substantially procured or caused by the surety, or the 633 surety has substantially attempted to procure or cause the 634 apprehension or surrender of the defendant, and the delay has 635 not thwarted the proper prosecution of the defendant. In 636 addition, remission shall be granted when the surety did not 637 substantially participate or attempt to participate in the 638 apprehension or surrender of the defendant when the costs of 639 returning the defendant to the jurisdiction of the court have 640 been deducted from the remission and when the delay has not 641 thwarted the proper prosecution of the defendant. 642 (3)If the defendant surrenders or is apprehended within 643 180 days after forfeiture, the court, on motion at a hearing 644 upon notice having been given to the clerk of the circuit court 645 and the state attorney as required in subsection (8), shall 646 direct remission of up to, but not more than, 95 percent of a 647 forfeiture if the surety apprehended and surrendered the 648 defendant or if the apprehension or surrender of the defendant 649 was substantially procured or caused by the surety, or the 650 surety has substantially attempted to procure or cause the 651 apprehension or surrender of the defendant, and the delay has 652 not thwarted the proper prosecution of the defendant. In 653 addition, remission shall be granted when the surety did not 654 substantially participate or attempt to participate in the 655 apprehension or surrender of the defendant when the costs of 656 returning the defendant to the jurisdiction of the court have 657 been deducted from the remission and when the delay has not 658 thwarted the proper prosecution of the defendant. 659 (4)If the defendant surrenders or is apprehended within 660 270 days after forfeiture, the court, on motion at a hearing 661 upon notice having been given to the clerk of the circuit court 662 and the state attorney as required in subsection (8), shall 663 direct remission of up to, but not more than, 90 percent of a 664 forfeiture if the surety apprehended and surrendered the 665 defendant or if the apprehension or surrender of the defendant 666 was substantially procured or caused by the surety, or the 667 surety has substantially attempted to procure or cause the 668 apprehension or surrender of the defendant, and the delay has 669 not thwarted the proper prosecution of the defendant. In 670 addition, remission shall be granted when the surety did not 671 substantially participate or attempt to participate in the 672 apprehension or surrender of the defendant when the costs of 673 returning the defendant to the jurisdiction of the court have 674 been deducted from the remission and when the delay has not 675 thwarted the proper prosecution of the defendant. 676 (5)If the defendant surrenders or is apprehended within 1 677 year after forfeiture, the court, on motion at a hearing upon 678 notice having been given to the clerk of the circuit court and 679 the state attorney as required in subsection (8), shall direct 680 remission of up to, but not more than, 85 percent of a 681 forfeiture if the surety apprehended and surrendered the 682 defendant or if the apprehension or surrender of the defendant 683 was substantially procured or caused by the surety, or the 684 surety has substantially attempted to procure or cause the 685 apprehension or surrender of the defendant, and the delay has 686 not thwarted the proper prosecution of the defendant. In 687 addition, remission shall be granted when the surety did not 688 substantially participate or attempt to participate in the 689 apprehension or surrender of the defendant when the costs of 690 returning the defendant to the jurisdiction of the court have 691 been deducted from the remission and when the delay has not 692 thwarted the proper prosecution of the defendant. 693 (6)If the defendant surrenders or is apprehended within 2 694 years after forfeiture, the court, on motion at a hearing upon 695 notice having been given to the clerk of the circuit court and 696 the state attorney as required in subsection (8), shall direct 697 remission of up to, but not more than, 50 percent of a 698 forfeiture if the surety apprehended and surrendered the 699 defendant or if the apprehension or surrender of the defendant 700 was substantially procured or caused by the surety, or the 701 surety has substantially attempted to procure or cause the 702 apprehension or surrender of the defendant, and the delay has 703 not thwarted the proper prosecution of the defendant. In 704 addition, remission shall be granted when the surety did not 705 substantially participate or attempt to participate in the 706 apprehension or surrender of the defendant when the costs of 707 returning the defendant to the jurisdiction of the court have 708 been deducted from the remission and when the delay has not 709 thwarted the proper prosecution of the defendant. 710 (3)(7)The remission of a forfeiture may not be ordered for 711 any reason other than as specified in this section herein. 712 (4)(8)An application for remission must be accompanied by 713 affidavits setting forth the facts on which it is founded; 714 however, the surety must establish by further documentation or 715 other evidence any claimed attempt at procuring or causing the 716 apprehension or surrender of the defendant before the court may 717 order remission based upon an attempt to procure or cause such 718 apprehension or surrender. The clerk of the circuit court and 719 the state attorney must be given 10 20 days notice before a 720 hearing on an application and be furnished copies of all papers, 721 applications, and affidavits. Remission must shall be granted on 722 the condition of payment of costs, as provided in s. 723 903.21(3)(a), unless the ground for remission is that there was 724 no breach of the bond. 725 (5)(9)The clerk of the circuit court may enter into a 726 contract with a private attorney or into an interagency 727 agreement with a governmental agency to represent the clerk of 728 the court in an action for the remission of a forfeiture under 729 this section. 730 (6)(10)The clerk of the circuit court is the real party in 731 interest for all appeals arising from an action for the 732 remission of a forfeiture under this section. 733 (7)The clerk of the circuit court shall issue a remission 734 within 10 days after entry of a court order directing remission, 735 and a remission untimely issued accrues interest at the rate of 736 1.5 percent per month. 737 Section 15.Subsections (1) and (2) of section 903.31, 738 Florida Statutes, are amended to read: 739 903.31Canceling the bond. 740 (1)Within 10 business days after the conditions of a bond 741 have been satisfied or the forfeiture discharged or remitted, 742 the court must shall order the bond canceled and, if the surety 743 has attached a certificate of cancellation to the original bond, 744 the clerk of the court must shall mail or electronically furnish 745 an executed certificate of cancellation to the surety without 746 cost. The clerk of the court shall discharge the bond upon an 747 adjudication of guilt or innocence or an acquittal, or if a 748 period of 36 months has passed since the original bond was 749 posted., or A withholding of an adjudication of guilt, a finding 750 of guilt by a jury, or a no action by the state satisfies shall 751 satisfy the conditions of the bond. If the bond has been revoked 752 by the court, the clerk of the court must discharge or cancel 753 the bond. The original appearance bond shall expire 36 months 754 after such bond has been posted for the release of the defendant 755 from custody. This subsection does not apply to cases in which a 756 bond has been declared forfeited before the 36-month expiration, 757 unless the forfeiture was set aside, the original bond was 758 reinstated, or a new bond was posted. As used in this 759 subsection, the term revoked means that an act, statement, 760 document, or promise has been annulled or canceled. 761 (2)The original appearance bond does not guarantee a 762 deferred sentence; a sentencing deferral; a delayed sentencing; 763 an appearance after entering a plea agreement; an appearance 764 during or after a presentence investigation; an appearance 765 during or after appeals; conduct during or appearance after 766 admission to a pretrial intervention program; placement in a 767 court-ordered program, including a residential mental health 768 facility; payment of fines; or attendance at educational or 769 rehabilitation facilities the court otherwise provides in the 770 judgment. If the original appearance bond has been forfeited or 771 revoked, it may the bond shall not be reinstated without 772 approval from the surety on the original bond. 773 Section 16.Subsection (2) of section 924.065, Florida 774 Statutes, is amended to read: 775 924.065Denial of motion for new trial or arrest of 776 judgment; appeal bond; supersedeas. 777 (2)An appeal may not be a supersedeas to the execution of 778 the judgment, sentence, or order of until the appellant has 779 entered into a bond with at least two sureties to secure the 780 payment of the judgment, fine, and any future costs that may be 781 adjudged by the appellate court. The bond shall be conditioned 782 on the appellants personally answering and abiding by the final 783 order, sentence, or judgment of the appellate court and, if the 784 action is remanded, on the appellants appearing before the 785 court in which the case was originally determined and not 786 departing without leave of court. 787 Section 17.Subsection (1) of section 951.26, Florida 788 Statutes, is amended to read: 789 951.26Public safety coordinating councils. 790 (1)Each board of county commissioners shall establish a 791 county public safety coordinating council for the county or 792 shall join with a consortium of one or more other counties to 793 establish a public safety coordinating council for the 794 geographic area represented by the member counties. 795 (a)1.The public safety coordinating council for a county 796 shall consist of: 797 a.The state attorney, or an assistant state attorney 798 designated by the state attorney. 799 b.The public defender, or an assistant public defender 800 designated by the public defender. 801 c.The chief circuit judge, or another circuit judge 802 designated by the chief circuit judge. 803 d.The chief county judge, or another county judge 804 designated by the chief county judge. 805 e.The chief correctional officer. 806 f.The sheriff, or a member designated by the sheriff, if 807 the sheriff is not the chief correctional officer. 808 g.The state probation circuit administrator, or a member 809 designated by the state probation circuit administrator, to be 810 appointed to a 4-year term. 811 h.The chair chairperson of the board of county 812 commissioners, or another county commissioner as designee. 813 i.If the county has such program available, the director 814 of any county probation or pretrial intervention program, to be 815 appointed to a 4-year term. 816 j.The director of a local substance abuse treatment 817 program, or a member designated by the director, to be appointed 818 to a 4-year term. 819 k.Representatives from county and state jobs programs and 820 other community groups who work with offenders and victims, 821 appointed by the chair chairperson of the board of county 822 commissioners to 4-year terms. 823 l.A bail bond agent licensed pursuant to chapter 648, 824 designated by the council, to be appointed to a 4-year term. 825 2.The chair chairperson of the board of county 826 commissioners, or another county commissioner as designee, shall 827 serve as the chair chairperson of the council until the council 828 elects a chair chairperson from the membership of the council. 829 (b)1.The public safety coordinating council for a 830 consortium of two or more counties shall consist of the 831 following members, appointed with the approval of each board of 832 county commissioners within the consortium: 833 a.A chief circuit judge, or a circuit judge designated by 834 a chief circuit judge. 835 b.A chief county judge, or a county judge designated by a 836 chief county judge. 837 c.A state attorney, or an assistant state attorney 838 designated by a state attorney. 839 d.A public defender, or an assistant public defender 840 designated by a public defender. 841 e.A state probation circuit administrator, or a member 842 designated by a state probation circuit administrator, to be 843 appointed to a 4-year term. 844 f.A physician who practices in the area of alcohol and 845 substance abuse, to be appointed to a 4-year term. 846 g.A mental health professional who practices in the area 847 of alcohol and substance abuse, to be appointed to a 4-year 848 term. 849 h.A sheriff or a jail administrator for a county within 850 the consortium. 851 i.A chief of police for a municipality within the 852 geographic area of the consortium. 853 j.A county commissioner from each member county of the 854 consortium. 855 k.An elected member of the governing body of the most 856 populous municipality within the geographic area of the 857 consortium. 858 l.An elected member of a school board within the 859 geographic area of the consortium. 860 m.A bail bond agent licensed pursuant to chapter 648, 861 designated by the Florida Bail Agents Association, to be 862 appointed to a 4-year term. 863 2.The members of the public safety coordinating council 864 shall elect a chair chairperson from among its members. 865 Section 18.For the purpose of incorporating the amendment 866 made by this act to section 903.046, Florida Statutes, in a 867 reference thereto, paragraph (c) of subsection (1) of section 868 903.047, Florida Statutes, is reenacted to read: 869 903.047Conditions of pretrial release. 870 (1)As a condition of pretrial release, whether such 871 release is by surety bail bond or recognizance bond or in some 872 other form, the defendant must: 873 (c)Comply with all conditions of pretrial release imposed 874 by the court. A court must consider s. 903.046(2) when 875 determining whether to impose nonmonetary conditions in addition 876 to or in lieu of monetary bond. Such nonmonetary conditions may 877 include, but are not limited to, requiring a defendant to: 878 1.Maintain employment, or, if unemployed, actively seek 879 employment. 880 2.Maintain or commence an educational program. 881 3.Abide by specified restrictions on personal 882 associations, place of residence, or travel. 883 4.Report on a regular basis to a designated law 884 enforcement agency, pretrial services agency, or other agency. 885 5.Comply with a specified curfew. 886 6.Refrain from possessing a firearm, destructive device, 887 or other dangerous weapon. 888 7.Refrain from excessive use of alcohol, or any use of a 889 narcotic drug or other controlled substance without a 890 prescription from a licensed medical practitioner. 891 8.Undergo available medical, psychological, psychiatric, 892 mental health, or substance abuse evaluation and follow all 893 recommendations, including treatment for drug or alcohol 894 dependency, and remain in a specified institution, if required 895 for that purpose. 896 9.Return to custody for specified hours following release 897 for employment, school, or other limited purposes. 898 10.Any other condition that is reasonably necessary to 899 assure the appearance of the defendant at subsequent proceedings 900 and to protect the community against unreasonable danger of 901 harm. 902 Section 19.For the purpose of incorporating the amendment 903 made by this act to section 903.046, Florida Statutes, in a 904 reference thereto, paragraphs (c) and (d) of subsection (5) of 905 section 907.041, Florida Statutes, are reenacted to read: 906 907.041Pretrial detention and release. 907 (5)PRETRIAL DETENTION. 908 (c)Upon motion by the state attorney, the court may order 909 pretrial detention if it finds a substantial probability, based 910 on a defendants past and present patterns of behavior, the 911 criteria in s. 903.046, and any other relevant facts, that any 912 of the following circumstances exist: 913 1.The defendant has previously violated conditions of 914 release and that no further conditions of release are reasonably 915 likely to assure the defendants appearance at subsequent 916 proceedings; 917 2.The defendant, with the intent to obstruct the judicial 918 process, has threatened, intimidated, or injured any victim, 919 potential witness, juror, or judicial officer, or has attempted 920 or conspired to do so, and that no condition of release will 921 reasonably prevent the obstruction of the judicial process; 922 3.The defendant is charged with trafficking in controlled 923 substances as defined by s. 893.135, that there is a substantial 924 probability that the defendant has committed the offense, and 925 that no conditions of release will reasonably assure the 926 defendants appearance at subsequent criminal proceedings; 927 4.The defendant is charged with DUI manslaughter, as 928 defined by s. 316.193, and that there is a substantial 929 probability that the defendant committed the crime and that the 930 defendant poses a threat of harm to the community; conditions 931 that would support a finding by the court pursuant to this 932 subparagraph that the defendant poses a threat of harm to the 933 community include, but are not limited to, any of the following: 934 a.The defendant has previously been convicted of any crime 935 under s. 316.193, or of any crime in any other state or 936 territory of the United States that is substantially similar to 937 any crime under s. 316.193; 938 b.The defendant was driving with a suspended driver 939 license when the charged crime was committed; or 940 c.The defendant has previously been found guilty of, or 941 has had adjudication of guilt withheld for, driving while the 942 defendants driver license was suspended or revoked in violation 943 of s. 322.34; 944 5.The defendant poses the threat of harm to the community. 945 The court may so conclude, if it finds that the defendant is 946 presently charged with a dangerous crime, that there is a 947 substantial probability that the defendant committed such crime, 948 that the factual circumstances of the crime indicate a disregard 949 for the safety of the community, and that there are no 950 conditions of release reasonably sufficient to protect the 951 community from the risk of physical harm to persons; 952 6.The defendant was on probation, parole, or other release 953 pending completion of sentence or on pretrial release for a 954 dangerous crime at the time the current offense was committed; 955 7.The defendant has violated one or more conditions of 956 pretrial release or bond for the offense currently before the 957 court and the violation, in the discretion of the court, 958 supports a finding that no conditions of release can reasonably 959 protect the community from risk of physical harm to persons or 960 assure the presence of the accused at trial; or 961 8.a.The defendant has ever been sentenced pursuant to s. 962 775.082(9) or s. 775.084 as a prison releasee reoffender, 963 habitual violent felony offender, three-time violent felony 964 offender, or violent career criminal, or the state attorney 965 files a notice seeking that the defendant be sentenced pursuant 966 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 967 habitual violent felony offender, three-time violent felony 968 offender, or violent career criminal; 969 b.There is a substantial probability that the defendant 970 committed the offense; and 971 c.There are no conditions of release that can reasonably 972 protect the community from risk of physical harm or ensure the 973 presence of the accused at trial. 974 (d)If a defendant is arrested for a dangerous crime that 975 is a capital felony, a life felony, or a felony of the first 976 degree, and the court determines there is probable cause to 977 believe the defendant committed the offense, the state attorney, 978 or the court on its own motion, shall motion for pretrial 979 detention. If the court finds a substantial probability that the 980 defendant committed the offense and, based on the defendants 981 past and present patterns of behavior, consideration of the 982 criteria in s. 903.046, and any other relevant facts, that no 983 conditions of release or bail will reasonably protect the 984 community from risk of physical harm, ensure the presence of the 985 defendant at trial, or assure the integrity of the judicial 986 process, the court must order pretrial detention. 987 Section 20.For the purpose of incorporating the amendment 988 made by this act to section 903.09, Florida Statutes, in a 989 reference thereto, subsection (2) of section 903.286, Florida 990 Statutes, is reenacted to read: 991 903.286Return of cash bond; requirement to withhold unpaid 992 fines, fees, court costs; cash bond forms. 993 (2)All cash bond forms used in conjunction with the 994 requirements of s. 903.09 must prominently display a notice 995 explaining that all funds are subject to forfeiture and 996 withholding by the clerk of the court for the payment of costs 997 of prosecution, costs of representation as provided by ss. 27.52 998 and 938.29, court fees, court costs, and criminal penalties on 999 behalf of the criminal defendant regardless of who posted the 1000 funds. 1001 Section 21.For the purpose of incorporating the amendment 1002 made by this act to section 924.065, Florida Statutes, in a 1003 reference thereto, section 924.14, Florida Statutes, is 1004 reenacted to read: 1005 924.14Stay of execution when defendant appeals.An appeal 1006 by a defendant from either the judgment or sentence shall stay 1007 execution of the sentence, subject to the provisions of s. 1008 924.065. 1009 Section 22.This act shall take effect July 1, 2025.