Bill Text: FL H1379 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judiciary

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1379 Detail]

Download: Florida-2011-H1379-Comm_Sub.html

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CS/HB 1379

1	A bill to be entitled
2	An act relating to pretrial programs; providing state
3	policy and legislative intent; requiring each pretrial
4	release program established by ordinance of a county
5	commission, by administrative order of a court, or by any
6	other means in order to assist in the release of a
7	defendant from pretrial custody to conform to the
8	eligibility criteria set forth in the act; preempting any
9	conflicting local ordinances, orders, or practices;
10	requiring that the defendant satisfy certain eligibility
11	criteria in order to be assigned to a pretrial release
12	program; providing that the act does not prohibit a court
13	from releasing a defendant on the defendant's own
14	recognizance or imposing any other reasonable condition of
15	release on the defendant; authorizing a county to
16	reimburse a licensed surety agent for the premium costs of
17	a bail bond for the pretrial release of an indigent
18	defendant under certain circumstances; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Eligibility criteria for government-funded
24	pretrial release.-
25	(1)  It is the policy of this state that only defendants
26	who are indigent and therefore qualify for representation by the
27	public defender are eligible for government-funded pretrial
28	release. Further, it is the policy of this state that, to the
29	greatest extent possible, the resources of the private sector be
30	used to assist in the pretrial release of defendants. It is the
31	intent of the Legislature that this section not be interpreted
32	to limit the discretion of courts with respect to ordering
33	reasonable conditions for pretrial release for any defendant.
34	However, it is the intent of the Legislature that government-
35	funded pretrial release be ordered only as an alternative to
36	release on a defendant's own recognizance or release by the
37	posting of a surety bond.
38	(2)  A pretrial release program established by an ordinance
39	of the county commission, an administrative order of the court,
40	or by any other means in order to assist in the release of
41	defendants from pretrial custody is subject to the eligibility
42	criteria set forth in this section. These eligibility criteria
43	supersede and preempt all conflicting local ordinances, orders,
44	or practices. Each pretrial release program shall certify
45	annually, in writing, to the chief circuit court judge, that it
46	has complied with the reporting requirements of s. 907.043(4),
47	Florida Statutes.
48	(3)  A defendant is eligible to receive government-funded
49	pretrial release only by order of the court after the court
50	finds in writing upon consideration of the defendant's affidavit
51	of indigence that the defendant is indigent or partially
52	indigent as set forth in Rule 3.111, Florida Rules of Criminal
53	Procedure, and that the defendant has not previously failed to
54	appear at any required court proceeding.
55	(4)  If a defendant seeks to post a surety bond pursuant to
56	a bond schedule established by administrative order as an
57	alternative to government-funded pretrial release, the defendant
58	shall be permitted to do so without any interference or
59	restriction by a pretrial release program.
60	(5)  This section does not prohibit the court from:
61	(a)  Releasing a defendant on the defendant's own
62	recognizance.
63	(b)  Imposing upon the defendant any additional reasonable
64	condition of release as part of release on the defendant's own
65	recognizance or the posting of a surety bond upon a finding of
66	need in the interest of public safety, including, but not
67	limited to, electronic monitoring, drug testing, and substance
68	abuse treatment.
69	(6)  In lieu of using a government-funded program to ensure
70	the court appearance of any defendant, a county may reimburse a
71	licensed surety agent for the premium costs of a surety bail
72	bond that secures the appearance of an indigent defendant at all
73	court proceedings if the court establishes a bail bond amount
74	for the indigent defendant.
75	Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.