Bill Text: FL S1424 | 2024 | Regular Session | Introduced
Bill Title: Pretrial Release
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-18 - Withdrawn from further consideration [S1424 Detail]
Download: Florida-2024-S1424-Introduced.html
Florida Senate - 2024 SB 1424
By Senator Jones
34-01591-24 20241424__
1 A bill to be entitled
2 An act relating to pretrial release; creating s.
3 903.001, F.S.; abolishing monetary bail after a
4 specified date; providing exceptions; providing a
5 directive to the Division of Law Revision; amending s.
6 903.011, F.S.; providing that the terms “bail” and
7 “bond” in the Florida Statutes include any and all
8 forms of pretrial release; conforming provisions to
9 changes made by the act; amending ss. 903.02, 903.03,
10 and 903.035, F.S.; conforming provisions to changes
11 made by the act; amending s. 903.0351, F.S.;
12 conforming provisions to changes made by the act;
13 providing a date; repealing s. 903.045, F.S., relating
14 to the nature of criminal surety bail bonds; amending
15 ss. 903.046 and 903.047, F.S.; conforming provisions
16 to changes made by the act; repealing s. 903.05, F.S.,
17 relating to qualification of sureties; repealing s.
18 903.06, F.S., relating to validity of undertakings by
19 minors; amending s. 903.101, F.S.; conforming
20 provisions to changes made by the act; repealing s.
21 903.105, F.S., relating to appearance bonds; amending
22 ss. 903.131, 903.132, and 903.133, F.S.; conforming
23 provisions to changes made by the act; repealing s.
24 903.14, F.S., relating to contracts to indemnify
25 sureties; repealing s. 903.16, F.S., relating to the
26 deposit of money or bonds as bail; repealing s.
27 903.17, F.S., relating to substitution of cash bail
28 for other bail; repealing s. 903.18, F.S., relating to
29 bail after deposit of money or bonds; repealing s.
30 903.20, F.S., relating to surrender of defendant;
31 repealing s. 903.21, F.S., relating to method of
32 surrender and exoneration of obligors; repealing s.
33 903.22, F.S., relating to arrest of principal by
34 surety before forfeiture; repealing s. 903.26, F.S.,
35 relating to forfeiture of the bond; repealing s.
36 903.27, F.S., relating to forfeiture to judgment;
37 repealing s. 903.28, F.S., relating to remission of
38 forfeiture; repealing s. 903.286, F.S., relating to
39 return of cash bond; repealing s. 903.29, F.S.,
40 relating to arrest of principal by surety after
41 forfeiture; repealing s. 903.31, F.S., relating to
42 canceling a bond; repealing s. 903.32, F.S., relating
43 to defects in a bond; repealing s. 903.33, F.S.,
44 relating to bail not being discharged for certain
45 defects; repealing s. 903.34, F.S., relating to who
46 may admit a defendant to bail; repealing s. 903.36,
47 F.S., relating to guaranteed arrest bond certificates
48 as cash bail; amending ss. 16.713, 27.52, 44.407,
49 61.125, 79.08, 142.01, 142.09, 316.027, 316.635,
50 316.650, 321.05, 322.25, 322.26, 322.28, 327.74,
51 341.3025, 384.281, 394.915, 648.44, 648.442, 648.571,
52 741.2901, 741.30, 784.046, 784.0485, 784.0495,
53 825.1035, 843.15, 870.01, 870.02, 900.05, 901.07,
54 901.08, 907.04, 907.041, 907.043, 908.105, 918.03,
55 918.04, 921.0022, 924.071, 924.16, 925.08, 939.14,
56 941.03, 941.10, 941.13, 941.15, 941.16, 941.17,
57 941.18, 941.22, 941.23, 941.26, 941.32, 944.405,
58 947.22, 948.06, 951.26, and 960.001, F.S.; conforming
59 provisions to changes made by the act; providing an
60 effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Section 903.001, Florida Statutes, is created to
65 read:
66 903.001 Abolition of monetary bail.—Beginning July 1, 2024,
67 the requirement of posting monetary bail is abolished, except as
68 provided in the Driver License Compact, the Nonresident Violator
69 Compact, and the Wildlife Violator Compact, which are compacts
70 that have been entered into between this state and its sister
71 states.
72 Section 2. The Division of Law Revision is directed to
73 change the title of chapter 903, Florida Statutes, to “Pretrial
74 Release.”
75 Section 3. Section 903.011, Florida Statutes, is amended to
76 read:
77 903.011 Pretrial release; general terms; statewide uniform
78 bond schedule.—
79 (1) As used in the Florida Statutes this chapter, the terms
80 “bail” and “bond” include any and all forms of pretrial release.
81 (2) Any monetary or cash component of any form of pretrial
82 release may be met by a surety bond.
83 (3) Differing monetary amounts may not be set for cash,
84 surety, or other forms of pretrial release.
85 (4) Except as authorized in subsection (5), only a judge
86 may set, reduce, or otherwise alter a defendant’s bail. Upon
87 motion by a defendant, or on the court’s own motion, a court may
88 reconsider the monetary component of a defendant’s bail if he or
89 she is unable to post a monetary bond.
90 (5)(a) Beginning January 1, 2024, and annually thereafter,
91 the Supreme Court must adopt a uniform statewide bond schedule
92 for criminal offenses not described in subsection (6) for which
93 a person may be released on bail before and in lieu of his or
94 her first appearance hearing or bail determination. The Supreme
95 Court must make the revised uniform statewide bond schedule
96 available to each judicial circuit.
97 (b) Except as provided in paragraph (c), the chief judge of
98 a judicial circuit may not establish a local bond schedule that
99 sets a lower bond amount than that required by the uniform
100 statewide bond schedule for the purpose of setting a defendant’s
101 bail before a first appearance hearing or bail determination.
102 (c) The chief judge of a judicial circuit may petition the
103 Supreme Court for approval of a local bond schedule that sets a
104 lower bond amount than that required by the uniform statewide
105 bond schedule. If the Supreme Court reviews and approves the
106 local bond schedule, such schedule may be used for the purpose
107 of setting a defendant’s bail before a first appearance hearing
108 or bail determination pending the adoption of a new or revised
109 uniform statewide bond schedule pursuant to paragraph (a).
110 (d) The chief judge of a judicial circuit may establish a
111 local bond schedule that increases the monetary bond applicable
112 to an offense that is included in the uniform statewide bond
113 schedule adopted by the Supreme Court. Such a deviation from the
114 uniform statewide bond schedule does not require approval by the
115 Supreme Court.
116 (e) In adopting the uniform statewide bond schedule or
117 reviewing a petition for a local bond schedule that deviates
118 from the uniform statewide bond schedule, the Florida Supreme
119 Court shall evaluate the amount of monetary bond necessary to
120 protect the community from risk of physical harm, to assure the
121 presence of the accused at trial, and to protect the integrity
122 of the judicial process.
123 (f) The uniform statewide bond schedule shall not bind a
124 judge in an individual case who is conducting a first appearance
125 hearing or bail determination.
126 (2)(6) A person may not be released before his or her first
127 appearance hearing or pretrial release bail determination and a
128 judge must determine pretrial release the appropriate bail, if
129 any, based on an individualized consideration of the criteria in
130 s. 903.046(2), if the person meets any of the following
131 criteria:
132 (a) The person was, at the time of arrest for any felony,
133 on pretrial release, probation, or community control in this
134 state or any other state;
135 (b) The person was, at the time of arrest, designated as a
136 sexual offender or sexual predator in this state or any other
137 state;
138 (c) The person was arrested for violating a protective
139 injunction;
140 (d) The person was, at the time of arrest, on release from
141 supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
142 944.4731;
143 (e) The person has, at any time before the current arrest,
144 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
145 prison releasee reoffender, habitual violent felony offender,
146 three-time violent felony offender, or violent career criminal;
147 (f) The person has been arrested three or more times in the
148 6 months immediately preceding his or her arrest for the current
149 offense; or
150 (g) The person’s current offense of arrest is for one or
151 more of the following crimes:
152 1. A capital felony, life felony, felony of the first
153 degree, or felony of the second degree;
154 2. A homicide under chapter 782; or any attempt,
155 solicitation, or conspiracy to commit a homicide;
156 3. Assault in furtherance of a riot or an aggravated riot;
157 felony battery; domestic battery by strangulation; domestic
158 violence, as defined in s. 741.28; stalking; mob intimidation;
159 assault or battery on a law enforcement officer; assault or
160 battery on juvenile probation officer, or other staff of a
161 detention center or commitment facility, or a staff member of a
162 commitment facility, or health services personnel; assault or
163 battery on a person 65 years of age or older; robbery; burglary;
164 carjacking; or resisting an officer with violence;
165 4. Kidnapping, false imprisonment, human trafficking, or
166 human smuggling;
167 5. Possession of a firearm or ammunition by a felon,
168 violent career criminal, or person subject to an injunction
169 against committing acts of domestic violence, stalking, or
170 cyberstalking;
171 6. Sexual battery; indecent, lewd, or lascivious touching;
172 exposure of sexual organs; incest; luring or enticing a child;
173 or child pornography;
174 7. Abuse, neglect, or exploitation of an elderly person or
175 disabled adult;
176 8. Child abuse or aggravated child abuse;
177 9. Arson; riot, aggravated riot, inciting a riot, or
178 aggravated inciting a riot; or a burglary or theft during a
179 riot;
180 10. Escape; tampering or retaliating against a witness,
181 victim, or informant; destruction of evidence; or tampering with
182 a jury;
183 11. Any offense committed for the purpose of benefiting,
184 promoting, or furthering the interests of a criminal gang;
185 12. Trafficking in a controlled substance, including
186 conspiracy to engage in trafficking in a controlled substance;
187 13. Racketeering; or
188 14. Failure to appear at required court proceedings while
189 on pretrial release bail.
190 Section 4. Section 903.02, Florida Statutes, is amended to
191 read:
192 903.02 Actions following denial; changes in pretrial
193 release bail conditions or bond amount; separation by charge or
194 offense.—
195 (1) If application for pretrial release bail is made to an
196 authorized court and denied, no court of inferior jurisdiction
197 shall admit the applicant to pretrial release bail unless such
198 court of inferior jurisdiction is the court having jurisdiction
199 to try the defendant.
200 (2) No judge of a court of equal or inferior jurisdiction
201 may remove a condition of pretrial release bail or reduce the
202 amount of bond required, unless such judge:
203 (a) Imposed the conditions of pretrial release bail or set
204 the amount of bond required;
205 (b) Is the chief judge of the circuit in which the
206 defendant is to be tried;
207 (c) Has been assigned to preside over the criminal trial of
208 the defendant; or
209 (d) Is the designee of the chief judge and a judge has not
210 yet been assigned to the criminal trial.
211 (3) The term “court,” as used in this chapter, includes all
212 state courts.
213 (4) Any judge setting or granting monetary bail shall set a
214 separate and specific bail amount for each charge or offense.
215 When bail is posted, each charge or offense requires a separate
216 bond.
217 Section 5. Section 903.03, Florida Statutes, is amended to
218 read:
219 903.03 Jurisdiction of trial court to admit to pretrial
220 release bail; duties and responsibilities of Department of
221 Corrections.—
222 (1) After a person is held to answer by a trial court
223 judge, the court having jurisdiction to try the defendant shall,
224 before indictment, affidavit, or information is filed, have
225 jurisdiction to hear and decide all preliminary motions
226 regarding pretrial release bail and production or impounding of
227 all articles, writings, moneys, or other exhibits expected to be
228 used at the trial by either the state or the defendant.
229 (2)(a) The Department of Corrections shall have the
230 authority on the request of a circuit court when a person
231 charged with a noncapital crime or bailable offense for which
232 pretrial release is available is held, to make an investigation
233 and report to the court, including:
234 1. The circumstances of the accused’s family, employment,
235 financial resources, character, mental condition, and length of
236 residence in the community;
237 2. The accused’s record of convictions, of appearance at
238 court proceedings, of flight to avoid prosecution, or failure to
239 appear at court proceedings; and
240 3. Other facts that may be needed to assist the court in
241 its determination of the indigency of the accused and whether
242 she or he should be released on her or his own recognizance.
243 (b) The court shall not be bound by the recommendations.
244 Section 6. Section 903.035, Florida Statutes, is amended to
245 read:
246 903.035 Applications for pretrial release bail; information
247 provided; hearing on application for modification; penalty for
248 providing false or misleading information or omitting material
249 information.—
250 (1)(a) All information provided by a defendant, in
251 connection with any application for or attempt to secure
252 pretrial release bail, to any court, court personnel, or
253 individual soliciting or recording such information for the
254 purpose of evaluating eligibility for, or securing, pretrial
255 release bail for the defendant, under circumstances such that
256 the defendant knew or should have known that the information was
257 to be used in connection with an application for pretrial
258 release bail, shall be accurate, truthful, and complete without
259 omissions to the best knowledge of the defendant.
260 (b) The failure to comply with the provisions of paragraph
261 (a) may result in the revocation or modification of pretrial
262 release bail.
263 (2) An application for modification of pretrial release
264 bail on any felony charge must be heard by a court in person, at
265 a hearing with the defendant present, and with at least 3 hours’
266 notice to the state attorney.
267 (3) Any person who intentionally provides false or
268 misleading material information or intentionally omits material
269 information in connection with an application for pretrial
270 release bail or for modification of pretrial release commits
271 bail is guilty of a misdemeanor or felony which is one degree
272 less than that of the crime charged for which pretrial release
273 bail is sought, but which in no event is greater than a felony
274 of the third degree, punishable as provided in s. 775.082 or s.
275 775.083.
276 Section 7. Section 903.0351, Florida Statutes, is amended
277 to read:
278 903.0351 Restrictions on pretrial release pending
279 probation-violation hearing or community-control-violation
280 hearing.—
281 (1) In the instance of an alleged violation of felony
282 probation or community control, bail or any other form of
283 pretrial release shall not be granted prior to the resolution of
284 the probation-violation hearing or the community-control
285 violation hearing to:
286 (a) A violent felony offender of special concern as defined
287 in s. 948.06;
288 (b) A person who is on felony probation or community
289 control for any offense committed on or after March 12, 2007,
290 the effective date of this act and who is arrested for a
291 qualifying offense as defined in s. 948.06(8)(c); or
292 (c) A person who is on felony probation or community
293 control and has previously been found by a court to be a
294 habitual violent felony offender as defined in s. 775.084(1)(b),
295 a three-time violent felony offender as defined in s.
296 775.084(1)(c), or a sexual predator under s. 775.21, and who is
297 arrested for committing a qualifying offense as defined in s.
298 948.06(8)(c) on or after March 12, 2007 the effective date of
299 this act.
300 (2) Subsection (1) does shall not apply when where the
301 alleged violation of felony probation or community control is
302 based solely on the probationer or offender’s failure to pay
303 costs or fines or make restitution payments.
304 Section 8. Section 903.045, Florida Statutes, is repealed.
305 Section 9. Section 903.046, Florida Statutes, is amended to
306 read:
307 903.046 Purpose of and criteria for pretrial release bail
308 determination.—
309 (1) It is presumed that a defendant is entitled to release
310 on personal recognizance on the conditions that the defendant
311 attend all required court proceedings, not commit any criminal
312 offense, and comply with all conditions of pretrial release,
313 including, but not limited to, orders of protection. Additional
314 conditions of pretrial release shall be set only when it is
315 determined that they are necessary to ensure that the defendant
316 appears in court, does not commit any criminal offense, and
317 complies with all conditions of pretrial release. Detention may
318 only be imposed when it is determined that the defendant poses a
319 danger to a specific, identifiable person or persons, or the
320 defendant has a high likelihood of willful flight. If the court
321 deems that the defendant is to be released on personal
322 recognizance, the court may require that a written admonishment
323 be signed by the defendant that he or she comply with all
324 conditions of release The purpose of a bail determination in
325 criminal proceedings is to ensure the appearance of the criminal
326 defendant at subsequent proceedings and to protect the community
327 against unreasonable danger from the criminal defendant.
328 (2) When determining whether to release a defendant or on
329 bail or other conditions, and what the that bail or those
330 conditions of pretrial release may be, the court shall consider:
331 (a) The nature and circumstances of the offense charged.
332 (b) The weight of the evidence against the defendant.
333 (c) The defendant’s family ties, length of residence in the
334 community, employment history, financial resources, and mental
335 condition.
336 (d) The defendant’s past and present conduct, including any
337 record of convictions, previous flight to avoid prosecution, or
338 failure to appear at court proceedings. However, any defendant
339 who had failed to appear on the day of any required court
340 proceeding in the case at issue, but who had later voluntarily
341 appeared or surrendered, is shall not be eligible for a
342 recognizance bond; and any defendant who failed to appear on the
343 day of any required court proceeding in the case at issue and
344 who was later arrested is shall not be eligible for a
345 recognizance bond or for any form of bond which does not require
346 a monetary undertaking or commitment equal to or greater than
347 $2,000 or twice the value of the monetary commitment or
348 undertaking of the original bond, whichever is greater.
349 Notwithstanding anything in this section, the court has
350 discretion in determining conditions of release if the defendant
351 proves circumstances beyond his or her control for the failure
352 to appear. This section may not be construed as imposing
353 additional duties or obligations on a governmental entity
354 related to monetary bonds.
355 (e) The nature and probability of danger which the
356 defendant’s release poses to the community.
357 (f) The source of funds used to post bail or procure an
358 appearance bond, particularly whether the proffered funds, real
359 property, property, or any proposed collateral or bond premium
360 may be linked to or derived from the crime alleged to have been
361 committed or from any other criminal or illicit activities. The
362 burden of establishing the noninvolvement in or nonderivation
363 from criminal or other illicit activity of such proffered funds,
364 real property, property, or any proposed collateral or bond
365 premium falls upon the defendant or other person proffering them
366 to obtain the defendant’s release.
367 (f)(g) Whether the defendant is already on release pending
368 resolution of another criminal proceeding or on probation,
369 parole, or other release pending completion of a sentence.
370 (g)(h) The street value of any drug or controlled substance
371 connected to or involved in the criminal charge. It is the
372 finding and intent of the Legislature that crimes involving
373 drugs and other controlled substances are of serious social
374 concern, and that the flight of defendants to avoid prosecution
375 is of similar serious social concern, and that frequently such
376 defendants are able to post monetary bail using the proceeds of
377 their unlawful enterprises to defeat the social utility of
378 pretrial bail. Therefore, the courts should carefully consider
379 the utility and necessity of substantial bail in relation to the
380 street value of the drugs or controlled substances involved.
381 (h)(i) The nature and probability of intimidation and
382 danger to victims.
383 (i)(j) Whether there is probable cause to believe that the
384 defendant committed a new crime while on pretrial release.
385 (j)(k) Any other facts that the court considers relevant.
386 (k)(l) Whether the crime charged is a violation of chapter
387 874 or alleged to be subject to enhanced punishment under
388 chapter 874 or reclassification under s. 843.22. If any such
389 violation is charged against a defendant or if the defendant is
390 charged with a crime that is alleged to be subject to such
391 enhancement or reclassification, he or she is not eligible for
392 pretrial release on bail or surety bond until the first
393 appearance on the case in order to ensure the full participation
394 of the prosecutor and the protection of the public.
395 (l)(m) Whether the defendant, other than a defendant whose
396 only criminal charge is a misdemeanor offense under chapter 316,
397 is required to register as a sexual offender under s. 943.0435
398 or a sexual predator under s. 775.21; and, if so, he or she is
399 not eligible for pretrial release on bail or surety bond until
400 the first appearance on the case in order to ensure the full
401 participation of the prosecutor and the protection of the
402 public.
403 Section 10. Section 903.047, Florida Statutes, is amended
404 to read:
405 903.047 Conditions of pretrial release.—
406 (1) As a condition of pretrial release, whether such
407 release is by surety bail bond or recognizance bond or in some
408 other form, the defendant must:
409 (a) Refrain from criminal activity of any kind.
410 (b) If the court issues an order of no contact, refrain
411 from any contact of any type with the victim, except through
412 pretrial discovery pursuant to the Florida Rules of Criminal
413 Procedure. An order of no contact is effective immediately and
414 enforceable for the duration of the pretrial release or until it
415 is modified by the court. The defendant shall be informed in
416 writing of the order of no contact, specifying the applicable
417 prohibited acts, before the defendant is released from custody
418 on pretrial release. As used in this section, unless otherwise
419 specified by the court, the term “no contact” includes the
420 following prohibited acts:
421 1. Communicating orally or in any written form, either in
422 person, telephonically, electronically, or in any other manner,
423 either directly or indirectly through a third person, with the
424 victim or any other person named in the order. If the victim and
425 the defendant have children in common, at the request of the
426 defendant, the court may designate an appropriate third person
427 to contact the victim for the sole purpose of facilitating the
428 defendant’s contact with the children. However, this
429 subparagraph does not prohibit an attorney for the defendant,
430 consistent with rules regulating The Florida Bar, from
431 communicating with any person protected by the no contact order
432 for lawful purposes.
433 2. Having physical or violent contact with the victim or
434 other named person or his or her property.
435 3. Being within 500 feet of the victim’s or other named
436 person’s residence, even if the defendant and the victim or
437 other named person share the residence.
438 4. Being within 500 feet of the victim’s or other named
439 person’s vehicle, place of employment, or a specified place
440 frequented regularly by such person.
441 (c) Comply with all conditions of pretrial release imposed
442 by the court. A court must consider s. 903.046(2) when
443 determining whether to impose nonmonetary conditions in addition
444 to or in lieu of monetary bond. Such nonmonetary conditions may
445 include, but are not limited to, requiring a defendant to:
446 1. Maintain employment, or, if unemployed, actively seek
447 employment.
448 2. Maintain or commence an educational program.
449 3. Abide by specified restrictions on personal
450 associations, place of residence, or travel.
451 4. Report on a regular basis to a designated law
452 enforcement agency, pretrial services agency, or other agency.
453 5. Comply with a specified curfew.
454 6. Refrain from possessing a firearm, destructive device,
455 or other dangerous weapon.
456 7. Refrain from excessive use of alcohol, or any use of a
457 narcotic drug or other controlled substance without a
458 prescription from a licensed medical practitioner.
459 8. Undergo available medical, psychological, psychiatric,
460 mental health, or substance abuse evaluation and follow all
461 recommendations, including treatment for drug or alcohol
462 dependency, and remain in a specified institution, if required
463 for that purpose.
464 9. Return to custody for specified hours following release
465 for employment, school, or other limited purposes.
466 10. Any other condition that is reasonably necessary to
467 assure the appearance of the defendant at subsequent proceedings
468 and to protect the community against unreasonable danger of
469 harm.
470 (2) Upon motion by the defendant when bail is set, or upon
471 later motion properly noticed pursuant to law, the court may
472 modify the condition required by paragraph (1)(b) if good cause
473 is shown and the interests of justice so require. The victim
474 shall be permitted to be heard at any proceeding in which such
475 modification is considered, and the state attorney shall notify
476 the victim of the provisions of this subsection and of the
477 pendency of any such proceeding.
478 Section 11. Section 903.05, Florida Statutes, is repealed.
479 Section 12. Section 903.06, Florida Statutes, is repealed.
480 Section 13. Section 903.101, Florida Statutes, is amended
481 to read:
482 903.101 Sureties; licensed persons; to have equal access.
483 Subject to rules adopted by the Department of Financial Services
484 and by the Financial Services Commission, every surety who meets
485 the requirements of ss. 903.05, 903.06, 903.08, and 903.09, and
486 every person who is currently licensed by the Department of
487 Financial Services and registered as required by s. 648.42 shall
488 have equal access to the jails of this state for the purpose of
489 making bonds.
490 Section 14. Section 903.105, Florida Statutes, is repealed.
491 Section 15. Section 903.131, Florida Statutes, is amended
492 to read:
493 903.131 Release Bail on appeal, revocation; recommission.
494 If a person released pending admitted to bail on appeal commits
495 and is convicted of a separate felony while free on appeal, the
496 release pending bail on appeal shall be revoked and the
497 defendant committed forthwith.
498 Section 16. Section 903.132, Florida Statutes, is amended
499 to read:
500 903.132 Release pending Bail on appeal; conditions for
501 granting; appellate review.—
502 (1) A No person may not be admitted to release pending bail
503 upon appeal from a conviction of a felony unless the defendant
504 establishes that the appeal is taken in good faith, on grounds
505 fairly debatable, and not frivolous. However, in no case shall
506 such release bail be granted if such person has previously been
507 convicted of a felony, the commission of which occurred prior to
508 the commission of the subsequent felony, and such person’s civil
509 rights have not been restored or if other felony charges are
510 pending against the person and probable cause has been found
511 that the person has committed the felony or felonies at the time
512 the request for such release bail is made.
513 (2) An order by a trial court denying release pending
514 appeal bail to a person pursuant to the provisions of subsection
515 (1) may be appealed as a matter of right to an appellate court,
516 and such appeal shall be advanced on the calendar of the
517 appellate court for expeditious review.
518 (3) In no case may an original appearance bond be continued
519 for the appeal. To reflect the increased risk and probability of
520 longer time considerations, there shall be a new undertaking of
521 a bond for the appeal.
522 Section 17. Section 903.133, Florida Statutes, is amended
523 to read:
524 903.133 Release pending Bail on appeal; prohibited for
525 certain felony convictions.—Notwithstanding s. 903.132, a no
526 person may not shall be released admitted to bail pending review
527 either by posttrial motion or appeal if he or she was adjudged
528 guilty of:
529 (1) A felony of the first degree for a violation of s.
530 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
531 893.13, or s. 893.135;
532 (2) A violation of s. 794.011(2) or (3); or
533 (3) Any other offense requiring sexual offender
534 registration under s. 943.0435(1)(h) or sexual predator
535 registration under s. 775.21(4) when, at the time of the
536 offense, the offender was 18 years of age or older and the
537 victim was a minor.
538 Section 18. Sections 903.14, 903.16, 903.17, 903.18,
539 903.20, 903.21, 903.22, 903.26, 903.27, 903.28, 903.286, 903.29,
540 903.31, 903.32, 903.33, 903.34, and 903.36, Florida Statutes,
541 are repealed.
542 Section 19. Paragraph (b) of subsection (4) of section
543 16.713, Florida Statutes, is amended to read:
544 16.713 Florida Gaming Control Commission; appointment and
545 employment restrictions.—
546 (4) NOTIFICATION REQUIREMENTS.—
547 (b) A commissioner or an employee must immediately provide
548 detailed written notice of the circumstances to the commission
549 if the member or employee is indicted, charged with, convicted
550 of, pleads guilty or nolo contendere to, or has had pretrial
551 release revoked forfeits bail for:
552 1. A misdemeanor involving gambling, dishonesty, theft, or
553 fraud;
554 2. A violation of any law in any state, or a law of the
555 United States or any other jurisdiction, involving gambling,
556 dishonesty, theft, or fraud which would constitute a misdemeanor
557 under the laws of this state; or
558 3. A felony under the laws of this or any other state, the
559 United States, or any other jurisdiction.
560 Section 20. Paragraph (a) of subsection (1) and paragraph
561 (a) of subsection (4) of section 27.52, Florida Statutes, are
562 amended to read:
563 27.52 Determination of indigent status.—
564 (1) APPLICATION TO THE CLERK.—A person seeking appointment
565 of a public defender under s. 27.51 based upon an inability to
566 pay must apply to the clerk of the court for a determination of
567 indigent status using an application form developed by the
568 Florida Clerks of Court Operations Corporation with final
569 approval by the Supreme Court.
570 (a) The application must include, at a minimum, the
571 following financial information:
572 1. Net income, consisting of total salary and wages, minus
573 deductions required by law, including court-ordered support
574 payments.
575 2. Other income, including, but not limited to, social
576 security benefits, union funds, veterans’ benefits, workers’
577 compensation, other regular support from absent family members,
578 public or private employee pensions, reemployment assistance or
579 unemployment compensation, dividends, interest, rent, trusts,
580 and gifts.
581 3. Assets, including, but not limited to, cash, savings
582 accounts, bank accounts, stocks, bonds, certificates of deposit,
583 equity in real estate, and equity in a boat or a motor vehicle
584 or in other tangible property.
585 4. All liabilities and debts.
586 5. If applicable, the amount of any bail paid for the
587 applicant’s release from incarceration and the source of the
588 funds.
589
590 The application must include a signature by the applicant which
591 attests to the truthfulness of the information provided. The
592 application form developed by the corporation must include
593 notice that the applicant may seek court review of a clerk’s
594 determination that the applicant is not indigent, as provided in
595 this section.
596 (4) REVIEW OF CLERK’S DETERMINATION.—
597 (a) If the clerk of the court determines that the applicant
598 is not indigent, and the applicant seeks review of the clerk’s
599 determination, the court shall make a final determination of
600 indigent status by reviewing the information provided in the
601 application against the criteria prescribed in subsection (2)
602 and by considering the following additional factors:
603 1. Whether the applicant has been released on bail in an
604 amount of $5,000 or more.
605 1.2. Whether a bond has been posted, the type of bond, and
606 who paid the bond.
607 2.3. Whether paying for private counsel in an amount that
608 exceeds the limitations in s. 27.5304, or other due process
609 services creates a substantial hardship for the applicant or the
610 applicant’s family.
611 3.4. Any other relevant financial circumstances of the
612 applicant or the applicant’s family.
613 Section 21. Paragraph (b) of subsection (3) of section
614 44.407, Florida Statutes, is amended to read:
615 44.407 Elder-focused dispute resolution process.—
616 (3) REFERRAL.—
617 (b) The court may not refer a party who has a history of
618 domestic violence or exploitation of an elderly person to
619 eldercaring coordination unless the elder and other parties in
620 the action consent to such referral.
621 1. The court shall offer each party an opportunity to
622 consult with an attorney or a domestic violence advocate before
623 accepting consent to such referral. The court shall determine
624 whether each party has given his or her consent freely and
625 voluntarily.
626 2. The court shall consider whether a party has committed
627 an act of exploitation as defined in s. 415.102, exploitation of
628 an elderly person or disabled adult as defined in s. 825.103(1),
629 or domestic violence as defined in s. 741.28 against another
630 party or any member of another party’s family; engaged in a
631 pattern of behaviors that exert power and control over another
632 party and that may compromise another party’s ability to
633 negotiate a fair result; or engaged in behavior that leads
634 another party to have reasonable cause to believe that he or she
635 is in imminent danger of becoming a victim of domestic violence.
636 The court shall consider and evaluate all relevant factors,
637 including, but not limited to, the factors specified in s.
638 741.30(6)(b).
639 3. If a party has a history of domestic violence or
640 exploitation of an elderly person, the court must order
641 safeguards to protect the safety of the participants and the
642 elder and the elder’s property, including, but not limited to,
643 adherence to all provisions of an injunction for protection or
644 conditions of pretrial release bail, probation, or a sentence
645 arising from criminal proceedings.
646 Section 22. Paragraph (c) of subsection (4) of section
647 61.125, Florida Statutes, is amended to read:
648 61.125 Parenting coordination.—
649 (4) DOMESTIC VIOLENCE ISSUES.—
650 (c) If there is a history of domestic violence, the court
651 shall order safeguards to protect the safety of the
652 participants, including, but not limited to, adherence to all
653 provisions of an injunction for protection or conditions of
654 pretrial release bail, probation, or a sentence arising from
655 criminal proceedings.
656 Section 23. Section 79.08, Florida Statutes, is amended to
657 read:
658 79.08 Hearing and judgment.—The court, justice, or judge
659 before whom the prisoner is brought shall inquire without delay
660 into the cause of the prisoner’s imprisonment, and shall either
661 discharge the prisoner, admit him or her to pretrial release
662 bail or remand him or her to custody, as the law and the
663 evidence require; and shall either award against the prisoner
664 the charges of his or her transportation, not exceeding 15 cents
665 per mile and the costs of the proceedings, or shall award the
666 costs in the prisoner’s favor, or shall award no costs or
667 charges against either party, as is right. The clerk of the
668 court in which such action is pending shall issue execution for
669 the costs and charges awarded.
670 Section 24. Paragraph (d) of subsection (1) of section
671 142.01, Florida Statutes, is amended to read:
672 142.01 Fine and forfeiture fund; disposition of revenue;
673 clerk of the circuit court.—
674 (1) There shall be established by the clerk of the circuit
675 court in each county of this state a separate fund to be known
676 as the fine and forfeiture fund for use by the clerk of the
677 circuit court in performing court-related functions. The fund
678 shall consist of the following:
679 (d) Proceeds from forfeited bail bonds, unclaimed bonds,
680 unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a)
681 and, 379.2203(1), and 903.26(3)(a).
682 Section 25. Section 142.09, Florida Statutes, is amended to
683 read:
684 142.09 If defendant is not convicted or dies.—If the
685 defendant is not convicted, or the prosecution is abated by the
686 death of the defendant, or if the costs are imposed on the
687 defendant and execution against him or her is returned no
688 property found, or if a nolle prosse be entered, in each of
689 these cases the fees of witnesses and officers arising from
690 criminal causes shall be paid by the state in the manner
691 specified in s. 40.29; provided, that when a committing trial
692 court judge holds to pretrial release bail or commits a person
693 to answer to a criminal charge and an information is not filed
694 or an indictment found against such person, the costs and fees
695 of such committing trial shall not be paid by the state, except
696 the costs of executing the warrants.
697 Section 26. Paragraph (c) of subsection (2) of section
698 316.027, Florida Statutes, is amended to read:
699 316.027 Crash involving death or personal injuries.—
700 (2)
701 (c) The driver of a vehicle involved in a crash occurring
702 on public or private property which results in the death of a
703 person shall immediately stop the vehicle at the scene of the
704 crash, or as close thereto as possible, and shall remain at the
705 scene of the crash until he or she has fulfilled the
706 requirements of s. 316.062. A person who is arrested for a
707 violation of this paragraph and who has previously been
708 convicted of a violation of this section, s. 316.061, s.
709 316.191, or s. 316.193, or a felony violation of s. 322.34,
710 shall be held in custody until brought before the court for
711 admittance to pretrial release bail in accordance with chapter
712 903. A person who willfully violates this paragraph commits a
713 felony of the first degree, punishable as provided in s.
714 775.082, s. 775.083, or s. 775.084, and shall be sentenced to a
715 mandatory minimum term of imprisonment of 4 years. A person who
716 willfully commits such a violation while driving under the
717 influence as set forth in s. 316.193(1) shall be sentenced to a
718 mandatory minimum term of imprisonment of 4 years.
719 Section 27. Paragraph (b) of subsection (3) of section
720 316.635, Florida Statutes, is amended to read:
721 316.635 Courts having jurisdiction over traffic violations;
722 powers relating to custody and detention of minors.—
723 (3) If a minor is taken into custody for a criminal traffic
724 offense or a violation of chapter 322 and the minor does not
725 demand to be taken before a trial court judge, or a Civil
726 Traffic Infraction Hearing Officer, who has jurisdiction over
727 the offense or violation, the arresting officer or booking
728 officer shall immediately notify, or cause to be notified, the
729 minor’s parents, guardian, or responsible adult relative of the
730 action taken. After making every reasonable effort to give
731 notice, the arresting officer or booking officer may:
732 (b) Issue a notice to appear pursuant to chapter 901 and
733 release the minor pursuant to chapter 903 s. 903.06;
734
735 If action is not taken pursuant to paragraphs (a)-(d), the minor
736 shall be delivered to the Department of Juvenile Justice, and
737 the department shall make every reasonable effort to contact the
738 parents, guardian, or responsible adult relative to take custody
739 of the minor. If there is no parent, guardian, or responsible
740 adult relative available, the department may retain custody of
741 the minor for up to 24 hours.
742 Section 28. Subsection (5) of section 316.650, Florida
743 Statutes, is amended to read:
744 316.650 Traffic citations.—
745 (5) Upon the deposit of the original traffic citation or
746 upon an electronic transmission of a replica of citation data of
747 the traffic citation with respect to traffic enforcement
748 agencies that have an automated citation issuance system with a
749 court having jurisdiction over the alleged offense or with its
750 traffic violations bureau, the original citation, the electronic
751 citation containing a replica of citation data, or a copy of
752 such traffic citation may be disposed of only by trial in the
753 court or other official action by a judge of the court,
754 including revocation of pretrial release forfeiture of the bail,
755 or by the deposit of sufficient bail with, or payment of a fine
756 to, the traffic violations bureau by the person to whom such
757 traffic citation has been issued by the traffic enforcement
758 officer.
759 Section 29. Paragraph (a) of subsection (4) of section
760 321.05, Florida Statutes, is amended to read:
761 321.05 Duties, functions, and powers of patrol officers.
762 The members of the Florida Highway Patrol are hereby declared to
763 be conservators of the peace and law enforcement officers of the
764 state, with the common-law right to arrest a person who, in the
765 presence of the arresting officer, commits a felony or commits
766 an affray or breach of the peace constituting a misdemeanor,
767 with full power to bear arms; and they shall apprehend, without
768 warrant, any person in the unlawful commission of any of the
769 acts over which the members of the Florida Highway Patrol are
770 given jurisdiction as hereinafter set out and deliver him or her
771 to the sheriff of the county that further proceedings may be had
772 against him or her according to law. In the performance of any
773 of the powers, duties, and functions authorized by law, members
774 of the Florida Highway Patrol have the same protections and
775 immunities afforded other peace officers, which shall be
776 recognized by all courts having jurisdiction over offenses
777 against the laws of this state, and have authority to apply for,
778 serve, and execute search warrants, arrest warrants, capias, and
779 other process of the court. The patrol officers under the
780 direction and supervision of the Department of Highway Safety
781 and Motor Vehicles shall perform and exercise throughout the
782 state the following duties, functions, and powers:
783 (4)(a) All fines and costs and the proceeds of the
784 forfeiture of bail bonds and recognizances resulting from the
785 enforcement of this chapter by patrol officers shall be paid
786 into the fine and forfeiture fund established pursuant to s.
787 142.01 of the county where the offense is committed. In all
788 cases of arrest by patrol officers, the person arrested shall be
789 delivered forthwith by the officer to the sheriff of the county,
790 or he or she shall obtain from the person arrested a
791 recognizance or, if deemed necessary, a cash bond or other
792 sufficient security conditioned for his or her appearance before
793 the proper tribunal of the county to answer the charge for which
794 he or she has been arrested; and all fees accruing shall be
795 taxed against the party arrested, which fees are hereby declared
796 to be part of the compensation of the sheriffs authorized to be
797 fixed by the Legislature under s. 5(c), Art. II of the State
798 Constitution, to be paid such sheriffs in the same manner as
799 fees are paid for like services in other criminal cases. All
800 patrol officers are hereby directed to deliver all bonds
801 accepted and approved by them to the sheriff of the county in
802 which the offense is alleged to have been committed. However, a
803 sheriff shall not be paid any arrest fee for the arrest of a
804 person for violation of any section of chapter 316 when the
805 arresting officer was transported in a Florida Highway Patrol
806 car to the vicinity where the arrest was made; and a sheriff
807 shall not be paid any fee for mileage for himself or herself or
808 a prisoner for miles traveled in a Florida Highway Patrol car. A
809 patrol officer is not entitled to any fee or mileage cost except
810 when responding to a subpoena in a civil cause or except when
811 the patrol officer is appearing as an official witness to
812 testify at any hearing or law action in any court of this state
813 as a direct result of his or her employment as a patrol officer
814 during time not compensated as a part of his or her normal
815 duties. Nothing herein shall be construed as limiting the power
816 to locate and to take from any person under arrest or about to
817 be arrested deadly weapons. This section is not a limitation
818 upon existing powers and duties of sheriffs or police officers.
819 Section 30. Subsection (4) of section 322.25, Florida
820 Statutes, is amended to read:
821 322.25 When court to forward license to department and
822 report convictions.—
823 (4) For the purpose of this chapter, a revocation of
824 pretrial release forfeiture of bail or collateral deposited to
825 secure a defendant’s appearance in court, which forfeiture has
826 not been vacated, shall be equivalent to a conviction.
827 Section 31. Subsection (6) of section 322.26, Florida
828 Statutes, is amended to read:
829 322.26 Mandatory revocation of license by department.—The
830 department shall forthwith revoke the license or driving
831 privilege of any person upon receiving a record of such person’s
832 conviction of any of the following offenses:
833 (6) Conviction, or revocation of pretrial release
834 forfeiture of bail not vacated, upon three charges of reckless
835 driving committed within a period of 12 months.
836 Section 32. Paragraph (c) of subsection (2) of section
837 322.28, Florida Statutes, is amended to read:
838 322.28 Period of suspension or revocation.—
839 (2) In a prosecution for a violation of s. 316.193 or
840 former s. 316.1931, the following provisions apply:
841 (c) The revocation of pretrial release forfeiture of bail
842 bond, not vacated within 20 days, in any prosecution for the
843 offense of driving while under the influence of alcoholic
844 beverages, chemical substances, or controlled substances to the
845 extent of depriving the defendant of his or her normal faculties
846 shall be deemed equivalent to a conviction for the purposes of
847 this paragraph, and the department shall forthwith revoke the
848 defendant’s driver license or driving privilege for the maximum
849 period applicable under paragraph (a) for a first conviction and
850 for the minimum period applicable under paragraph (a) for a
851 second or subsequent conviction; however, if the defendant is
852 later convicted of the charge, the period of revocation imposed
853 by the department for such conviction shall not exceed the
854 difference between the applicable maximum for a first conviction
855 or minimum for a second or subsequent conviction and the
856 revocation period under this subsection that has actually
857 elapsed; upon conviction of such charge, the court may impose
858 revocation for a period of time as specified in paragraph (a).
859 This paragraph does not apply if an appropriate motion
860 contesting the forfeiture is filed within the 20-day period.
861 Section 33. Subsection (5) of section 327.74, Florida
862 Statutes, is amended to read:
863 327.74 Uniform boating citations.—
864 (5) Upon the deposit of the original and one copy of such
865 boating citation with a court having jurisdiction over the
866 alleged offense or with its traffic violations bureau as
867 aforesaid, the original or copy of such boating citation may be
868 disposed of only by trial in the court or other official action
869 by a judge of the court, including revocation of pretrial
870 release forfeiture of the bail, or by the deposit of sufficient
871 bail with, or payment of a fine to, the traffic violations
872 bureau by the person to whom such boating citation has been
873 issued by the law enforcement officer.
874 Section 34. Paragraph (e) of subsection (3) of section
875 341.3025, Florida Statutes, is amended to read:
876 341.3025 Multicounty public rail system fares and
877 enforcement.—
878 (3)
879 (e) Upon the deposit of the original and one copy of such
880 citation with a court having jurisdiction over the alleged
881 offense, the original or copy of such citation may be disposed
882 of only by trial in the court or other official action by a
883 judge of the court, including revocation of pretrial release
884 forfeiture of the bail, or by the deposit of sufficient bail
885 with or payment of a fine to the entity by the person to whom
886 such citation has been issued.
887 Section 35. Subsection (4) of section 384.281, Florida
888 Statutes, is amended to read:
889 384.281 Prehearing detention.—
890 (4) A person detained under this section shall be taken
891 before a judicial officer for pretrial release bail
892 determination within 24 hours after of detention. The purpose of
893 a pretrial release bail determination is to ensure the
894 appearance of the person detained at the hearing scheduled
895 pursuant to s. 384.27 or s. 384.28. When determining whether to
896 release the person on pretrial release bail or other conditions,
897 and what the pretrial release bail or those conditions may be,
898 the court shall consider the person’s past and present conduct,
899 previous flight to avoid prosecution, or failure to appear at
900 court proceedings. The person detained is entitled to be
901 represented by counsel and to have counsel appointed on his or
902 her behalf if he or she cannot afford one. The person is
903 entitled to present witnesses and evidence, and to cross-examine
904 witnesses.
905 Section 36. The catchline of section 394.915, Florida
906 Statutes, is amended to read:
907 394.915 Determination of probable cause; hearing;
908 evaluation; respondent taken into custody; bail.—
909 Section 37. Paragraph (m) of subsection (1) of section
910 648.44, Florida Statutes, is amended to read:
911 648.44 Prohibitions; penalty.—
912 (1) A bail bond agent or bail bond agency may not:
913 (m) Execute a bond in this state if a judgment has been
914 entered on a bond executed by the bail bond agent or the bail
915 bond agency is a named party on the judgment, which has remained
916 unpaid for 35 days, unless the full amount of the judgment is
917 deposited with the clerk in accordance with s. 903.27(5).
918 Section 38. Subsection (9) of section 648.442, Florida
919 Statutes, is amended to read:
920 648.442 Collateral security.—
921 (9) The department shall establish by rule the form of the
922 affidavit and the statement identifying the amount and source of
923 the security as specified in s. 903.14.
924 Section 39. Paragraph (c) of subsection (3) of section
925 648.571, Florida Statutes, is amended to read:
926 648.571 Failure to return collateral; penalty.—
927 (3)
928 (c) Allowable expenses incurred in apprehending a defendant
929 because of a bond forfeiture or judgment under s. 903.29 may be
930 deducted if such expenses are accounted for. The failure to
931 return collateral under these terms is punishable as follows:
932 1. If the collateral is of a value less than $100, as
933 provided in s. 775.082(4)(a).
934 2. If the collateral is of a value of $100 or more, as
935 provided in s. 775.082(3)(e).
936 3. If the collateral is of a value of $1,500 or more, as
937 provided in s. 775.082(3)(d).
938 4. If the collateral is of a value of $10,000 or more, as
939 provided in s. 775.082(3)(b).
940 Section 40. Subsection (3) of section 741.2901, Florida
941 Statutes, is amended to read:
942 741.2901 Domestic violence cases; prosecutors; legislative
943 intent; investigation; duty of circuits; first appearance.—
944 (3) Before Prior to a defendant’s first appearance in any
945 charge of domestic violence as defined in s. 741.28, the State
946 Attorney’s Office shall perform a thorough investigation of the
947 defendant’s history, including, but not limited to: prior
948 arrests for domestic violence, prior arrests for nondomestic
949 charges, prior injunctions for protection against domestic and
950 repeat violence filed listing the defendant as respondent and
951 noting history of other victims, and prior walk-in domestic
952 complaints filed against the defendant. This information shall
953 be presented at first appearance, when setting bond, and when
954 passing sentence, for consideration by the court. When a
955 defendant is arrested for an act of domestic violence, the
956 defendant shall be held in custody until brought before the
957 court for admittance to pretrial release bail in accordance with
958 chapter 903. In determining pretrial release bail, the court
959 shall consider the safety of the victim, the victim’s children,
960 and any other person who may be in danger if the defendant is
961 released.
962 Section 41. Paragraph (b) of subsection (9) of section
963 741.30, Florida Statutes, is amended to read:
964 741.30 Domestic violence; injunction; powers and duties of
965 court and clerk; petition; notice and hearing; temporary
966 injunction; issuance of injunction; statewide verification
967 system; enforcement; public records exemption.—
968 (9)
969 (b) If the respondent is arrested by a law enforcement
970 officer under s. 901.15(6) or for a violation of s. 741.31, the
971 respondent shall be held in custody until brought before the
972 court as expeditiously as possible for the purpose of enforcing
973 the injunction and for admittance to pretrial release bail in
974 accordance with chapter 903 and the applicable rules of criminal
975 procedure, pending a hearing.
976 Section 42. Paragraph (b) of subsection (9) of section
977 784.046, Florida Statutes, is amended to read:
978 784.046 Action by victim of repeat violence, sexual
979 violence, or dating violence for protective injunction; dating
980 violence investigations, notice to victims, and reporting;
981 pretrial release violations; public records exemption.—
982 (9)
983 (b) If the respondent is arrested by a law enforcement
984 officer under s. 901.15(6) for committing an act of repeat
985 violence, sexual violence, or dating violence in violation of an
986 injunction for protection, the respondent shall be held in
987 custody until brought before the court as expeditiously as
988 possible for the purpose of enforcing the injunction and for
989 admittance to pretrial release bail in accordance with chapter
990 903 and the applicable rules of criminal procedure, pending a
991 hearing.
992 Section 43. Paragraph (b) of subsection (9) of section
993 784.0485, Florida Statutes, is amended to read:
994 784.0485 Stalking; injunction; powers and duties of court
995 and clerk; petition; notice and hearing; temporary injunction;
996 issuance of injunction; statewide verification system;
997 enforcement.—
998 (9)
999 (b) If the respondent is arrested by a law enforcement
1000 officer under s. 901.15(6) or for a violation of s. 784.0487,
1001 the respondent shall be held in custody until brought before the
1002 court as expeditiously as possible for the purpose of enforcing
1003 the injunction and for admittance to pretrial release bail in
1004 accordance with chapter 903 and the applicable rules of criminal
1005 procedure, pending a hearing.
1006 Section 44. Subsection (3) of section 784.0495, Florida
1007 Statutes, is amended to read:
1008 784.0495 Mob intimidation.—
1009 (3) A person arrested for a violation of this section shall
1010 be held in custody until brought before the court for admittance
1011 to pretrial release bail in accordance with chapter 903.
1012 Section 45. Paragraph (b) of subsection (11) of section
1013 825.1035, Florida Statutes, is amended to read:
1014 825.1035 Injunction for protection against exploitation of
1015 a vulnerable adult.—
1016 (11) ENFORCEMENT.—
1017 (b) If the respondent is arrested by a law enforcement
1018 officer under s. 901.15(6) or for a violation of s. 825.1036,
1019 the respondent must be held in custody until he or she is
1020 brought before the court, which must occur as expeditiously as
1021 possible, for the purpose of enforcing the injunction for
1022 protection against exploitation of a vulnerable adult and for
1023 admittance to pretrial release bail in accordance with chapter
1024 903 and the applicable rules of criminal procedure, pending a
1025 hearing.
1026 Section 46. Section 843.15, Florida Statutes, is amended to
1027 read:
1028 843.15 Failure of defendant on pretrial release bail to
1029 appear.—
1030 (1) Whoever, having been released pursuant to chapter 903,
1031 willfully fails to appear before any court or judicial officer
1032 as required shall incur a forfeiture of any security which was
1033 given or pledged for her or his release and, in addition, shall:
1034 (a) If she or he was released in connection with a charge
1035 of felony or while awaiting sentence or pending review by
1036 certiorari after conviction of any offense, commits be guilty of
1037 a felony of the third degree, punishable as provided in s.
1038 775.082, s. 775.083, or s. 775.084, or;
1039 (b) If she or he was released in connection with a charge
1040 of misdemeanor, commits be guilty of a misdemeanor of the first
1041 degree, punishable as provided in s. 775.082 or s. 775.083.
1042 (2) Nothing in This section does not shall interfere with
1043 or prevent the exercise by any court of its power to punish for
1044 contempt.
1045 Section 47. Subsection (6) of section 870.01, Florida
1046 Statutes, is amended to read:
1047 870.01 Affrays and riots.—
1048 (6) Except for a violation of subsection (1), a person
1049 arrested for a violation of this section shall be held in
1050 custody until brought before the court for admittance to
1051 pretrial release bail in accordance with chapter 903.
1052 Section 48. Subsection (2) of section 870.02, Florida
1053 Statutes, is amended to read:
1054 870.02 Unlawful assemblies.—
1055 (2) A person arrested for a violation of this section shall
1056 be held in custody until brought before the court for admittance
1057 to pretrial release bail in accordance with chapter 903.
1058 Section 49. Paragraph (a) of subsection (3) of section
1059 900.05, Florida Statutes, is amended to read:
1060 900.05 Criminal justice data collection.—
1061 (3) DATA COLLECTION AND REPORTING.—An entity required to
1062 collect data in accordance with this subsection shall collect
1063 the specified data and report them in accordance with this
1064 subsection to the Department of Law Enforcement on a monthly
1065 basis.
1066 (a) Clerk of the court.—Each clerk of court shall collect
1067 the following data for each criminal case:
1068 1. Case number.
1069 2. Date that the alleged offense occurred.
1070 3. Date the defendant is taken into physical custody by a
1071 law enforcement agency or is issued a notice to appear on a
1072 criminal charge.
1073 4. Whether the case originated by notice to appear.
1074 5. Date that the criminal prosecution of a defendant is
1075 formally initiated.
1076 6. Arraignment date.
1077 7. Attorney appointment date.
1078 8. Attorney withdrawal date.
1079 9. Case status.
1080 10. Charge disposition.
1081 11. Disposition date and disposition type.
1082 12. Information related to each defendant, including:
1083 a. Identifying information, including name, known aliases,
1084 date of birth, race, ethnicity, and gender.
1085 b. Zip code of last known address.
1086 c. Primary language.
1087 d. Citizenship.
1088 e. Immigration status.
1089 f. Whether the defendant has been found to be indigent
1090 under s. 27.52.
1091 13. Information related to the charges filed against the
1092 defendant, including:
1093 a. Charge description.
1094 b. Charge modifier description and statute, if applicable.
1095 c. Drug type for each drug charge, if known.
1096 d. Qualification for a flag designation as defined in this
1097 section, including a domestic violence flag, gang affiliation
1098 flag, sexual offender flag, habitual offender flag, habitual
1099 violent felony offender flag, pretrial release violation flag,
1100 prison releasee reoffender flag, three-time violent felony
1101 offender flag, or violent career criminal flag.
1102 14. Information related to bail or bond and pretrial
1103 release determinations, including the dates of any such
1104 determinations:
1105 a. Pretrial release determination made at a first
1106 appearance hearing that occurs within 24 hours of arrest,
1107 including any monetary and nonmonetary conditions of release.
1108 b. Modification of bail or bond conditions made by a court
1109 having jurisdiction to try the defendant or, in the absence of
1110 the judge of the trial court, by the circuit court, including
1111 modifications to any monetary and nonmonetary conditions of
1112 release.
1113 c. Cash bail or bond payment, including whether the
1114 defendant utilized a bond agent to post a surety bond.
1115 b.d. Date defendant is released on bail, bond, or pretrial
1116 release for the current case.
1117 c.e. Pretrial release Bail or bond revocation due to a new
1118 offense, a failure to appear, or a violation of the terms of
1119 bail or bond, if applicable.
1120 15. Information related to court dates and dates of motions
1121 and appearances, including:
1122 a. Date of any court appearance and the type of proceeding
1123 scheduled for each date reported.
1124 b. Date of any failure to appear in court, if applicable.
1125 c. Deferred prosecution or pretrial diversion hearing, if
1126 applicable.
1127 d. Each scheduled trial date.
1128 e. Date that a defendant files a notice to participate in
1129 discovery.
1130 f. Speedy trial motion date and each hearing date, if
1131 applicable.
1132 g. Dismissal motion date and each hearing date, if
1133 applicable.
1134 16. Defense attorney type.
1135 17. Information related to sentencing, including:
1136 a. Date that a court enters a sentence against a defendant.
1137 b. Charge sentenced to, including charge sequence number,
1138 and charge description.
1139 c. Sentence type and length imposed by the court in the
1140 current case, reported in years, months, and days, including,
1141 but not limited to, the total duration of incarceration in a
1142 county detention facility or state correctional institution or
1143 facility, and conditions of probation or community control
1144 supervision.
1145 d. Amount of time served in custody by the defendant
1146 related to each charge that is credited at the time of
1147 disposition of the charge to reduce the imposed length of time
1148 the defendant will serve on the term of incarceration that is
1149 ordered by the court at disposition.
1150 e. Total amount of court costs imposed by the court at the
1151 disposition of the case.
1152 f. Total amount of fines imposed by the court at the
1153 disposition of the case.
1154 g. Restitution amount ordered at sentencing.
1155 18. The sentencing judge or magistrate, or their
1156 equivalent.
1157 Section 50. Section 901.07, Florida Statutes, is amended to
1158 read:
1159 901.07 Admission to pretrial release bail when arrest
1160 occurs in another county.—
1161 (1) When an arrest by a warrant occurs in a county other
1162 than the one in which the alleged offense was committed and the
1163 warrant issued, if the person arrested has a right to pretrial
1164 release bail, the arresting officer shall inform the person of
1165 his or her right and, upon request, shall take the person before
1166 a trial court judge or other official of the same county having
1167 authority to admit to pretrial release bail. The official shall
1168 admit the person arrested to pretrial release bail for his or
1169 her appearance before the trial court judge who issued the
1170 warrant.
1171 (2) If the person arrested does not have a right to
1172 pretrial release bail or, when informed of his or her right to
1173 pretrial release bail, does not enter pretrial release furnish
1174 bail immediately, the officer who made the arrest or the officer
1175 having the warrant shall take the person before the trial court
1176 judge who issued the warrant.
1177 Section 51. Subsections (2) and (3) of section 901.08,
1178 Florida Statutes, are amended to read:
1179 901.08 Issue of warrant when offense triable in another
1180 county.—
1181 (2) If the person arrested has a right to pretrial release
1182 bail, the officer making the arrest shall inform the person of
1183 his or her right to pretrial release bail and, on request, shall
1184 take the person before a trial court judge or other official
1185 having authority to admit to pretrial release bail in the county
1186 in which the arrest is made. The official shall admit the person
1187 to pretrial release bail for his or her appearance before the
1188 trial court judge designated in the warrant.
1189 (3) If the person arrested does not have a right to
1190 pretrial release bail or, when informed of his or her right to
1191 pretrial release bail, does not enter pretrial release furnish
1192 bail immediately, he or she shall be taken before the trial
1193 court judge designated in the warrant.
1194 Section 52. Subsection (1) of section 907.04, Florida
1195 Statutes, is amended to read:
1196 907.04 Disposition of defendant upon arrest.—
1197 (1) Except as provided in subsection (2), if a person who
1198 is arrested does not have a right to pretrial release bail for
1199 the offense charged, he or she shall be delivered immediately
1200 into the custody of the sheriff of the county in which the
1201 indictment, information, or affidavit is filed. If the person
1202 who is arrested has a right to pretrial release bail, he or she
1203 shall be released after giving bond on the amount specified in
1204 the warrant.
1205 Section 53. Paragraphs (d), (g), and (j) of subsection (5)
1206 of section 907.041, Florida Statutes, are amended to read:
1207 907.041 Pretrial detention and release.—
1208 (5) PRETRIAL DETENTION.—
1209 (d) If a defendant is arrested for a dangerous crime that
1210 is a capital felony, a life felony, or a felony of the first
1211 degree, and the court determines there is probable cause to
1212 believe the defendant committed the offense, the state attorney,
1213 or the court on its own motion, shall motion for pretrial
1214 detention. If the court finds a substantial probability that the
1215 defendant committed the offense and, based on the defendant’s
1216 past and present patterns of behavior, consideration of the
1217 criteria in s. 903.046, and any other relevant facts, that no
1218 conditions of release or bail will reasonably protect the
1219 community from risk of physical harm, ensure the presence of the
1220 defendant at trial, or assure the integrity of the judicial
1221 process, the court must order pretrial detention.
1222 (g)1. If a motion for pretrial detention is required under
1223 paragraph (d), the pretrial detention hearing must be held
1224 within 5 days after the defendant’s first appearance hearing or,
1225 if there is no first appearance hearing, within 5 days after the
1226 defendant’s arraignment.
1227 2. If a state attorney files a motion for pretrial
1228 detention under paragraph (c), the pretrial detention hearing
1229 must be held within 5 days after the filing of such motion.
1230 3. The defendant may request a continuance of a pretrial
1231 detention hearing. No continuance shall be for longer than 5
1232 days unless there are extenuating circumstances. The state
1233 attorney shall be entitled to one continuance for good cause.
1234 4. The defendant may be detained pending the completion of
1235 the pretrial detention hearing. If a defendant is released on
1236 bail pending a pretrial detention hearing under paragraph (d),
1237 the court must inform the defendant that if he or she uses a
1238 surety bond to meet the monetary component of pretrial release
1239 and the motion for pretrial detention is subsequently granted,
1240 the defendant will not be entitled to the return of the premium
1241 on such surety bond.
1242 (j) A party may motion for a pretrial detention order to be
1243 reconsidered at any time before a defendant’s trial if the judge
1244 finds that information exists that was not known to the party
1245 moving for reconsideration at the time of the pretrial detention
1246 hearing and that such information has a material bearing on
1247 determining whether there are conditions of pretrial release or
1248 bail that will reasonably assure the appearance of the defendant
1249 as required and the safety of any other person and the community
1250 from harm.
1251 Section 54. Paragraph (b) of subsection (4) of section
1252 907.043, Florida Statutes, is amended to read:
1253 907.043 Pretrial release; citizens’ right to know.—
1254 (4)
1255 (b) The annual report must contain, but need not be limited
1256 to:
1257 1. The name, location, and funding sources of the pretrial
1258 release program, including the amount of public funds, if any,
1259 received by the pretrial release program.
1260 2. The operating and capital budget of each pretrial
1261 release program receiving public funds.
1262 3.a. The percentage of the pretrial release program’s total
1263 budget representing receipt of public funds.
1264 b. The percentage of the total budget which is allocated to
1265 assisting defendants obtain release through a nonpublicly funded
1266 program.
1267 c. The amount of fees paid by defendants to the pretrial
1268 release program.
1269 4. The number of persons employed by the pretrial release
1270 program.
1271 5. The number of defendants assessed and interviewed for
1272 pretrial release.
1273 6. The number of defendants recommended for pretrial
1274 release.
1275 7. The number of defendants for whom the pretrial release
1276 program recommended against nonsecured release.
1277 8. The number of defendants granted nonsecured release
1278 after the pretrial release program recommended nonsecured
1279 release.
1280 9. The number of defendants assessed and interviewed for
1281 pretrial release who were declared indigent by the court.
1282 10. The number of defendants accepted into a pretrial
1283 release program who paid a surety or cash bail or bond.
1284 10.11. The number of defendants for whom a risk assessment
1285 tool was used in determining whether the defendant should be
1286 released pending the disposition of the case and the number of
1287 defendants for whom a risk assessment tool was not used.
1288 11.12. The specific statutory citation for each criminal
1289 charge related to a defendant whose case is accepted into a
1290 pretrial release program, including, at a minimum, the number of
1291 defendants charged with dangerous crimes as defined in s.
1292 907.041; nonviolent felonies; or misdemeanors only. A
1293 “nonviolent felony” for purposes of this subparagraph excludes
1294 the commission of, an attempt to commit, or a conspiracy to
1295 commit any of the following:
1296 a. An offense enumerated in s. 775.084(1)(c);
1297 b. An offense that requires a person to register as a
1298 sexual predator in accordance with s. 775.21 or as a sexual
1299 offender in accordance with s. 943.0435;
1300 c. Failure to register as a sexual predator in violation of
1301 s. 775.21 or as a sexual offender in violation of s. 943.0435;
1302 d. Facilitating or furthering terrorism in violation of s.
1303 775.31;
1304 e. A forcible felony as described in s. 776.08;
1305 f. False imprisonment in violation of s. 787.02;
1306 g. Burglary of a dwelling or residence in violation of s.
1307 810.02(3);
1308 h. Abuse, aggravated abuse, and neglect of an elderly
1309 person or disabled adult in violation of s. 825.102;
1310 i. Abuse, aggravated abuse, and neglect of a child in
1311 violation of s. 827.03;
1312 j. Poisoning of food or water in violation of s. 859.01;
1313 k. Abuse of a dead human body in violation of s. 872.06;
1314 l. A capital offense in violation of chapter 893;
1315 m. An offense that results in serious bodily injury or
1316 death to another human; or
1317 n. A felony offense in which the defendant used a weapon or
1318 firearm in the commission of the offense.
1319 12.13. The number of defendants accepted into a pretrial
1320 release program with no prior criminal conviction.
1321 13.14. The name and case number of each person granted
1322 nonsecured release who:
1323 a. Failed to attend a scheduled court appearance.
1324 b. Was issued a warrant for failing to appear.
1325 c. Was arrested for any offense while on release through
1326 the pretrial release program.
1327 14.15. Any additional information deemed necessary by the
1328 governing body to assess the performance and cost efficiency of
1329 the pretrial release program.
1330 Section 55. Paragraph (a) of subsection (1) of section
1331 908.105, Florida Statutes, is amended to read:
1332 908.105 Duties related to immigration detainers.—
1333 (1) A law enforcement agency that has custody of a person
1334 subject to an immigration detainer issued by a federal
1335 immigration agency shall:
1336 (a) Provide to the judge authorized to grant or deny the
1337 person’s release on pretrial release bail under chapter 903
1338 notice that the person is subject to an immigration detainer.
1339 Section 56. Section 918.03, Florida Statutes, is amended to
1340 read:
1341 918.03 Procedure when offense committed outside state.—When
1342 a court determines that it does not have jurisdiction because
1343 the offense charged was committed outside this state, the court
1344 may discharge the defendant or direct the clerk to communicate
1345 the location of the defendant to the chief executive of the
1346 state, territory, or district where the offense was committed.
1347 The court may commit the defendant to custody or admit him or
1348 her to pretrial release bail for a reasonable period of time to
1349 await a requisition for his or her extradition. If a requisition
1350 is not received within the time set by the court, the defendant
1351 shall be discharged. If the defendant has been admitted to
1352 pretrial release bail, the court shall order the bond canceled
1353 and any deposit of money or bonds returned.
1354 Section 57. Section 918.04, Florida Statutes, is amended to
1355 read:
1356 918.04 Procedure when offense committed in another county.
1357 When a court determines that it does not have jurisdiction
1358 because the offense charged was committed in another county of
1359 this state, the defendant shall be committed to custody or
1360 admitted to pretrial release bail for a reasonable time to await
1361 a warrant for his or her arrest from the proper county. The
1362 clerk shall notify the prosecuting attorney of the proper county
1363 of the location of the defendant. If the defendant is not
1364 arrested on a warrant from the proper county within the time set
1365 by the court, he or she shall be discharged. If the defendant
1366 has been admitted to pretrial release bail, the court shall
1367 order the bond canceled and any deposit of money or bonds
1368 returned.
1369 Section 58. Paragraph (d) of subsection (3) of section
1370 921.0022, Florida Statutes, is amended to read:
1371 921.0022 Criminal Punishment Code; offense severity ranking
1372 chart.—
1373 (3) OFFENSE SEVERITY RANKING CHART
1374 (d) LEVEL 4
1375
1376 FloridaStatute FelonyDegree Description
1377 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1378 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1379 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1380 517.07(1) 3rd Failure to register securities.
1381 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
1382 784.031 3rd Battery by strangulation.
1383 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1384 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1385 784.075 3rd Battery on detention or commitment facility staff.
1386 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1387 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1388 784.081(3) 3rd Battery on specified official or employee.
1389 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1390 784.083(3) 3rd Battery on code inspector.
1391 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1392 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1393 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1394 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1395 787.07 3rd Human smuggling.
1396 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1397 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1398 790.115(2)(c) 3rd Possessing firearm on school property.
1399 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
1400 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1401 806.135 2nd Destroying or demolishing a memorial or historic property.
1402 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1403 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1404 810.06 3rd Burglary; possession of tools.
1405 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1406 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1407 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
1408 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1409 817.505(4)(a) 3rd Patient brokering.
1410 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1411 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1412 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
1413 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1414 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1415 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1416 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
1417 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
1418 837.02(1) 3rd Perjury in official proceedings.
1419 837.021(1) 3rd Make contradictory statements in official proceedings.
1420 838.022 3rd Official misconduct.
1421 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1422 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1423 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1424 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1425 843.15(1)(a) 3rd Failure to appear while on pretrial release bail for felony (bond estreature or bond jumping).
1426 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
1427 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1428 870.01(3) 2nd Aggravated rioting.
1429 870.01(5) 2nd Aggravated inciting a riot.
1430 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1431 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
1432 914.14(2) 3rd Witnesses accepting bribes.
1433 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1434 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1435 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
1436 918.12 3rd Tampering with jurors.
1437 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1438 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
1439 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
1440 Section 59. Subsection (2) of section 924.071, Florida
1441 Statutes, is amended to read:
1442 924.071 Additional grounds for appeal by the state; time
1443 for taking; stay of cause.—
1444 (2) An appeal by the state from a pretrial order shall stay
1445 the case against each defendant upon whose application the order
1446 was made until the appeal is determined. If the trial court
1447 determines that the evidence, confession, or admission that is
1448 the subject of the order would materially assist the state in
1449 proving its case against another defendant and that the
1450 prosecuting attorney intends to use it for that purpose, the
1451 court shall stay the case of that defendant until the appeal is
1452 determined. A defendant in custody whose case is stayed either
1453 automatically or by order of the court shall be released on his
1454 or her own recognizance pending the appeal if he or she is
1455 charged with an offense for which pretrial release is available
1456 a bailable offense.
1457 Section 60. Section 924.16, Florida Statutes, is amended to
1458 read:
1459 924.16 Discharge pending appeal.—If a defendant is in
1460 custody after judgment of conviction at the time of appeal, the
1461 appeal and supersedeas shall not discharge the defendant from
1462 custody. The court appealed from or a judge of the appellate
1463 court may order the defendant released on bail in cases that
1464 involve an offense for which pretrial release is available that
1465 are bailable.
1466 Section 61. Subsection (1) of section 925.08, Florida
1467 Statutes, is amended to read:
1468 925.08 Prisoners awaiting trial may be worked on roads and
1469 other projects.—
1470 (1) When the county commissioners decide it will be for the
1471 benefit of a prisoner and in the public interest, they may
1472 employ at labor on the streets of incorporated cities or towns,
1473 on the roads, bridges, or other public works in the county, or
1474 on other projects for which the governing body of the county
1475 could otherwise lawfully expend public funds and which it
1476 determines to be necessary for the health, safety, and welfare
1477 of the county, a person charged with a misdemeanor and confined
1478 in the county jail for failure to comply with pretrial release
1479 give bail.
1480 Section 62. Section 939.14, Florida Statutes, is amended to
1481 read:
1482 939.14 County not to pay costs in cases where information
1483 is not filed or indictment found.—When a committing trial court
1484 judge holds to pretrial release bail or commits any person to
1485 answer a criminal charge in a county court or a circuit court,
1486 and an information is not filed nor an indictment found against
1487 such person, the costs of such committing trial shall not be
1488 paid by the county, except the costs for executing the warrant.
1489 Section 63. Section 941.03, Florida Statutes, is amended to
1490 read:
1491 941.03 Form of demand.—No demand for the extradition of a
1492 person charged with crime in another state shall be recognized
1493 by the Governor unless in writing alleging, except in cases
1494 arising under s. 941.06, that the accused was present in the
1495 demanding state at the time of the commission of the alleged
1496 crime, and that thereafter he or she fled from the state, and
1497 accompanied by an authenticated copy of an indictment found or
1498 by information supported by affidavit in the state having
1499 jurisdiction of the crime, or by a copy of a warrant supported
1500 by an affidavit made before a committing magistrate of the
1501 demanding state; or by a copy of a judgment of conviction or of
1502 a sentence imposed in execution thereof, together with a
1503 statement by the executive authority of the demanding state that
1504 the person claimed has escaped from confinement or has broken
1505 the terms of his or her pretrial release bail, probation, or
1506 parole. The indictment, information, or affidavit made before
1507 the magistrate must substantially charge the person demanded
1508 with having committed a crime under the law of that state; and
1509 the copy of indictment, information, affidavit, judgment of
1510 conviction, or sentence must be authenticated by the executive
1511 authority making the demand.
1512 Section 64. Subsection (2) of section 941.10, Florida
1513 Statutes, is amended to read:
1514 941.10 Rights of accused person; application for writ of
1515 habeas corpus.—
1516 (2) A warrant issued under s. 941.07 shall be presumed to
1517 be valid, and unless a court finds that the person in custody is
1518 not the same person named in the warrant, or that the person is
1519 not a fugitive from justice, or otherwise subject to extradition
1520 under s. 941.06, or that there is no criminal charge or criminal
1521 proceeding pending against the person in the demanding state, or
1522 that the documents are not on their face in order, the person
1523 named in the warrant shall be held in custody at all times and
1524 shall not be eligible for pretrial release on bail.
1525 Section 65. Section 941.13, Florida Statutes, is amended to
1526 read:
1527 941.13 Arrest prior to requisition.—Whenever any person
1528 within this state shall be charged on the oath of any credible
1529 person before any judge of this state with the commission of any
1530 crime in any other state, and, except in cases arising under s.
1531 941.06, with having fled from justice or with having been
1532 convicted of a crime in that state and having escaped from
1533 confinement, or having broken the terms of his or her bail,
1534 probation, or parole, or whenever complaint shall have been made
1535 before any judge in this state setting forth on the affidavit of
1536 any credible person in another state that a crime has been
1537 committed in such other state and that the accused has been
1538 charged in such state with the commission of the crime, and,
1539 except in cases arising under s. 941.06, has fled from justice,
1540 or with having been convicted of a crime in that state and
1541 having escaped from confinement, or having broken the terms of
1542 his or her pretrial release bail, probation, or parole, and is
1543 believed to be in this state, the judge shall issue a warrant
1544 directed to any peace officer commanding him or her to apprehend
1545 the person named therein, wherever the person may be found in
1546 this state, and to bring the person before the same or any other
1547 judge or court who or which may be available in, or convenient
1548 of, access to the place where the arrest may be made, to answer
1549 the charge or complaint and affidavit, and a certified copy of
1550 the sworn charge or complaint and affidavit upon which the
1551 warrant is issued shall be attached to the warrant.
1552 Section 66. Section 941.15, Florida Statutes, is amended to
1553 read:
1554 941.15 Commitment to await requisition; pretrial release
1555 bail.—If from the examination before the judge it appears that
1556 the person held is the person charged with having committed the
1557 crime alleged and, except in cases arising under s. 941.06, that
1558 the person has fled from justice, the judge must, by a warrant
1559 reciting the accusation, commit the person to the county jail
1560 for such a time not exceeding 30 days and specified in the
1561 warrant as will enable the arrest of the accused to be made
1562 under a warrant of the Governor on a requisition of the
1563 executive authority of the state having jurisdiction of the
1564 offense, unless the accused enters pretrial release gives bail
1565 as provided in s. 941.16, or until the accused shall be legally
1566 discharged.
1567 Section 67. Section 941.16, Florida Statutes, is amended to
1568 read:
1569 941.16 Pretrial release Bail; in what cases; conditions of
1570 bond.—Unless the offense with which the prisoner is charged is
1571 shown to be an offense punishable by death or life imprisonment
1572 under the laws of the state in which it was committed, a judge
1573 or other judicial officer having power of commitment in this
1574 state may admit the person arrested to pretrial release bail by
1575 bond, with sufficient sureties, and in such sum as he or she
1576 deems proper, conditioned for the prisoner’s appearance before
1577 him or her at a time specified in such bond, and for the
1578 prisoner’s surrender, to be arrested upon the warrant of the
1579 Governor of this state.
1580 Section 68. Section 941.17, Florida Statutes, is amended to
1581 read:
1582 941.17 Extension of time of commitment, adjournment.—If the
1583 accused is not arrested under warrant of the Governor by the
1584 expiration of the time specified in the warrant or bond, a judge
1585 may discharge the accused or may recommit him or her for a
1586 further period not to exceed 60 days, or a judge may again take
1587 pretrial release bail for his or her appearance and surrender,
1588 as provided in s. 941.16, but within a period not to exceed 60
1589 days after the date of such pretrial release new bond.
1590 Section 69. Section 941.18, Florida Statutes, is amended to
1591 read:
1592 941.18 Revocation of pretrial release Forfeiture of bail.
1593 If the prisoner is admitted to pretrial release bail, and fails
1594 to appear and surrender himself or herself according to the
1595 conditions of his or her pretrial release bond, the judge shall
1596 revoke the prisoner’s pretrial release declare the bond
1597 forfeited and order his or her immediate arrest without warrant
1598 if he or she is within this state. Recovery may be had on such
1599 bond in the name of the state as in the case of other bonds
1600 given by the accused in criminal proceedings within this state.
1601 Section 70. Section 941.22, Florida Statutes, is amended to
1602 read:
1603 941.22 Fugitives from this state; duty of Governor.
1604 Whenever the Governor of this state shall demand a person
1605 charged with crime or with escaping from confinement or breaking
1606 the terms of his or her pretrial release bail, probation, or
1607 parole in this state, from the executive authority of any other
1608 state, or from the Chief Justice or an associate justice of the
1609 Supreme Court of the District of Columbia authorized to receive
1610 such demand under the laws of the United States, the Governor
1611 shall issue a warrant under the seal of this state, to some
1612 agent, commanding the agent to receive the person so charged if
1613 delivered to him or her and convey the person to the proper
1614 officer of the county in this state in which the offense was
1615 committed.
1616 Section 71. Subsection (2) of section 941.23, Florida
1617 Statutes, is amended to read:
1618 941.23 Application for issuance of requisition; by whom
1619 made; contents.—
1620 (2) When the return to this state is required of a person
1621 who has been convicted of a crime in this state and has escaped
1622 from confinement or broken the terms of his or her pretrial
1623 release bail, probation, or parole, the state attorney of the
1624 county in which the offense was committed, the Florida
1625 Commission on Offender Review, the Department of Corrections, or
1626 the warden of the institution or sheriff of the county, from
1627 which escape was made, shall present to the Governor a written
1628 application for a requisition for the return of such person, in
1629 which application shall be stated the name of the person, the
1630 crime of which the person was convicted, the circumstances of
1631 his or her escape from confinement or of the breach of the terms
1632 of his or her pretrial release bail, probation, or parole, and
1633 the state in which the person is believed to be, including the
1634 location of the person therein at the time application is made.
1635 Section 72. Subsections (1) and (3) of section 941.26,
1636 Florida Statutes, are amended to read:
1637 941.26 Written waiver of extradition proceedings.—
1638 (1) Any person arrested in this state charged with having
1639 committed any crime in another state or alleged to have escaped
1640 from confinement, or broken the terms of his or her pretrial
1641 release bail, probation, or parole may waive the issuance and
1642 service of the warrant provided for in ss. 941.07 and 941.08,
1643 and all other procedure incidental to extradition proceedings,
1644 by executing or subscribing in the presence of a judge of any
1645 court of record within this state a writing which states that
1646 the person consents to return to the demanding state; provided,
1647 however, that before such waiver shall be executed or subscribed
1648 by such person, it shall be the duty of such judge to inform
1649 such person of his or her rights to the issuance and service of
1650 a warrant of extradition and to obtain a writ of habeas corpus
1651 as provided for in s. 941.10.
1652 (3) Notwithstanding any other provision of law, a law
1653 enforcement agency in this state holding a person who is alleged
1654 to have broken the terms of his or her probation, parole,
1655 pretrial release bail, or other release in the demanding state
1656 shall immediately deliver the person to the duly authorized
1657 agent of the demanding state without the requirement of a
1658 governor’s warrant if:
1659 (a) The person has signed a prior waiver of extradition as
1660 a term of his or her current probation, parole, pretrial release
1661 bail, or other release in the demanding state; and
1662 (b) The law enforcement agency holding the person has
1663 received a copy of the prior waiver of extradition signed by the
1664 person and confirmed by the demanding agency, as well as
1665 photographs or fingerprints or other evidence properly
1666 identifying the person as the person who signed the waiver.
1667 Section 73. Section 941.32, Florida Statutes, is amended to
1668 read:
1669 941.32 Fresh pursuit; arrest; etc.—If an arrest is made in
1670 this state by an officer of another state in accordance with the
1671 provisions of s. 941.31, the officer shall without unnecessary
1672 delay take the person so arrested before a county court judge or
1673 other judicial officer having jurisdiction of commitment, of the
1674 county in which the arrest was made, who shall conduct a hearing
1675 for the purpose of determining the lawfulness of the arrest. If
1676 the committing judicial officer determines that the arrest was
1677 lawful, she or he shall commit the person arrested to await for
1678 a reasonable time the issuance of an extradition warrant by the
1679 Governor of this state, or admit the person to pretrial release
1680 bail for such purpose. If the committing judicial officer
1681 determines that the arrest was unlawful, she or he shall
1682 discharge the person arrested.
1683 Section 74. Subsection (2) of section 944.405, Florida
1684 Statutes, is amended to read:
1685 944.405 Warrant for retaking offender who has escaped from
1686 custody or absconded from rehabilitative community reentry
1687 program, or who is ineligible for release.—
1688 (2) An offender who is arrested as provided in subsection
1689 (1) is ineligible for pretrial release bond, bail, or release on
1690 his or her own recognizance.
1691 Section 75. Subsection (1) of section 947.22, Florida
1692 Statutes, is amended to read:
1693 947.22 Authority to arrest parole violators with or without
1694 warrant.—
1695 (1) If a member of the commission or a duly authorized
1696 representative of the commission has reasonable grounds to
1697 believe that a parolee has violated the terms and conditions of
1698 her or his parole in a material respect, such member or
1699 representative may issue a warrant for the arrest of such
1700 parolee. The warrant shall be returnable before a member of the
1701 commission or a duly authorized representative of the
1702 commission. The commission, a commissioner, or a parole examiner
1703 with approval of the parole examiner supervisor, may release the
1704 parolee on pretrial release bail or her or his own recognizance,
1705 conditioned upon her or his appearance at any hearings noticed
1706 by the commission. If not released on pretrial release bail or
1707 her or his own recognizance, the parolee shall be committed to
1708 jail pending hearings pursuant to s. 947.23. The commission, at
1709 its election, may have the hearing conducted by one or more
1710 commissioners or by a duly authorized representative of the
1711 commission. Any parole and probation officer, any officer
1712 authorized to serve criminal process, or any peace officer of
1713 this state is authorized to execute the warrant.
1714 Section 76. Paragraph (e) of subsection (1), paragraph (c)
1715 of subsection (2), and subsection (4) of section 948.06, Florida
1716 Statutes, are amended to read:
1717 948.06 Violation of probation or community control;
1718 revocation; modification; continuance; failure to pay
1719 restitution or cost of supervision.—
1720 (1)
1721 (e)1. At a first appearance hearing for an offender who has
1722 been arrested for violating his or her probation or community
1723 control in a material respect by committing a new violation of
1724 law the court:
1725 a. Shall inform the person of the violation.
1726 b. May order the person to be taken before the court that
1727 granted the probation or community control if the person admits
1728 the violation.
1729 2. If the probationer or offender does not admit the
1730 violation at the first appearance hearing, the court:
1731 a. May commit the probationer or offender or may release
1732 the person with or without pretrial release conditions bail to
1733 await further hearing, notwithstanding s. 907.041, relating to
1734 pretrial detention and release; or
1735 b. May order the probationer or offender to be brought
1736 before the court that granted the probation or community
1737 control.
1738 3. In determining whether to require or set the pretrial
1739 release conditions amount of bail, and notwithstanding s.
1740 907.041, relating to pretrial detention and release, the court
1741 may consider whether the probationer or offender is more likely
1742 than not to receive a prison sanction for the violation.
1743
1744 This paragraph does not apply to a probationer or offender on
1745 community control who is subject to the hearing requirements
1746 under subsection (4) or paragraph (8)(e).
1747 (2)
1748 (c) If such violation of probation or community control is
1749 not admitted by the probationer or offender, the court may
1750 commit him or her or release him or her with or without pretrial
1751 release conditions bail to await further hearing, or it may
1752 dismiss the charge of probation or community control violation.
1753 (4) Notwithstanding any other provision of this section, a
1754 felony probationer or an offender in community control who is
1755 arrested for violating his or her probation or community control
1756 in a material respect may be taken before the court in the
1757 county or circuit in which the probationer or offender was
1758 arrested. That court shall advise him or her of the charge of a
1759 violation and, if such charge is admitted, shall cause him or
1760 her to be brought before the court that granted the probation or
1761 community control. If the violation is not admitted by the
1762 probationer or offender, the court may commit him or her or
1763 release him or her with or without pretrial release conditions
1764 bail to await further hearing. However, if the probationer or
1765 offender is under supervision for any criminal offense
1766 proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071,
1767 or s. 847.0145, or is a registered sexual predator or a
1768 registered sexual offender, or is under supervision for a
1769 criminal offense for which he or she would meet the registration
1770 criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
1771 effective date of those sections, the court must make a finding
1772 that the probationer or offender is not a danger to the public
1773 prior to release with or without pretrial release conditions
1774 bail. In determining the danger posed by the offender’s or
1775 probationer’s release, the court may consider the nature and
1776 circumstances of the violation and any new offenses charged; the
1777 offender’s or probationer’s past and present conduct, including
1778 convictions of crimes; any record of arrests without conviction
1779 for crimes involving violence or sexual crimes; any other
1780 evidence of allegations of unlawful sexual conduct or the use of
1781 violence by the offender or probationer; the offender’s or
1782 probationer’s family ties, length of residence in the community,
1783 employment history, and mental condition; his or her history and
1784 conduct during the probation or community control supervision
1785 from which the violation arises and any other previous
1786 supervisions, including disciplinary records of previous
1787 incarcerations; the likelihood that the offender or probationer
1788 will engage again in a criminal course of conduct; the weight of
1789 the evidence against the offender or probationer; and any other
1790 facts the court considers relevant. The court, as soon as is
1791 practicable, shall give the probationer or offender an
1792 opportunity to be fully heard on his or her behalf in person or
1793 by counsel. After the hearing, the court shall make findings of
1794 fact and forward the findings to the court that granted the
1795 probation or community control and to the probationer or
1796 offender or his or her attorney. The findings of fact by the
1797 hearing court are binding on the court that granted the
1798 probation or community control. Upon the probationer or offender
1799 being brought before it, the court that granted the probation or
1800 community control may revoke, modify, or continue the probation
1801 or community control or may place the probationer into community
1802 control as provided in this section. However, the probationer or
1803 offender shall not be released and shall not be admitted to
1804 pretrial release bail, but shall be brought before the court
1805 that granted the probation or community control if any violation
1806 of felony probation or community control other than a failure to
1807 pay costs or fines or make restitution payments is alleged to
1808 have been committed by:
1809 (a) A violent felony offender of special concern, as
1810 defined in this section;
1811 (b) A person who is on felony probation or community
1812 control for any offense committed on or after the effective date
1813 of this act and who is arrested for a qualifying offense as
1814 defined in this section; or
1815 (c) A person who is on felony probation or community
1816 control and has previously been found by a court to be a
1817 habitual violent felony offender as defined in s. 775.084(1)(b),
1818 a three-time violent felony offender as defined in s.
1819 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1820 arrested for committing a qualifying offense as defined in this
1821 section on or after the effective date of this act.
1822 Section 77. Subsection (2) of section 951.26, Florida
1823 Statutes, is amended to read:
1824 951.26 Public safety coordinating councils.—
1825 (2) The council shall meet at the call of the chairperson
1826 for the purpose of assessing the population status of all
1827 detention or correctional facilities owned or contracted by the
1828 county, or the county consortium, and formulating
1829 recommendations to ensure that the capacities of such facilities
1830 are not exceeded. Such recommendations shall include an
1831 assessment of the availability of pretrial intervention or
1832 probation programs, work-release programs, substance abuse
1833 programs, gain-time schedules, applicable bail bond schedules,
1834 and the confinement status of the inmates housed within each
1835 facility owned or contracted by the county, or the county
1836 consortium.
1837 Section 78. Paragraph (b) of subsection (1) of section
1838 960.001, Florida Statutes, is amended to read:
1839 960.001 Guidelines for fair treatment of victims and
1840 witnesses in the criminal justice and juvenile justice systems.—
1841 (1) The Department of Legal Affairs, the state attorneys,
1842 the Department of Corrections, the Department of Juvenile
1843 Justice, the Florida Commission on Offender Review, the State
1844 Courts Administrator and circuit court administrators, the
1845 Department of Law Enforcement, and every sheriff’s department,
1846 police department, or other law enforcement agency as defined in
1847 s. 943.10(4) shall develop and implement guidelines for the use
1848 of their respective agencies, which guidelines are consistent
1849 with the purposes of this act and s. 16(b), Art. I of the State
1850 Constitution and are designed to implement s. 16(b), Art. I of
1851 the State Constitution and to achieve the following objectives:
1852 (b) Information for purposes of notifying victim or
1853 appropriate next of kin of victim or other designated contact of
1854 victim.—In the case of a homicide, pursuant to chapter 782; or a
1855 sexual offense, pursuant to chapter 794; or an attempted murder
1856 or sexual offense, pursuant to chapter 777; or stalking,
1857 pursuant to s. 784.048; or domestic violence, pursuant to s.
1858 25.385:
1859 1. The arresting law enforcement officer or personnel of an
1860 organization that provides assistance to a victim or to the
1861 appropriate next of kin of the victim or other designated
1862 contact must request that the victim or appropriate next of kin
1863 of the victim or other designated contact complete a victim
1864 notification card. However, the victim or appropriate next of
1865 kin of the victim or other designated contact may choose not to
1866 complete the victim notification card.
1867 2. Unless the victim or the appropriate next of kin of the
1868 victim or other designated contact waives the option to complete
1869 the victim notification card, a copy of the victim notification
1870 card must be filed with the incident report or warrant in the
1871 sheriff’s office of the jurisdiction in which the incident
1872 report or warrant originated. The notification card shall, at a
1873 minimum, consist of:
1874 a. The name, address, and phone number of the victim; or
1875 b. The name, address, and phone number of the appropriate
1876 next of kin of the victim; or
1877 c. The name, address, and telephone number of a designated
1878 contact other than the victim or appropriate next of kin of the
1879 victim; and
1880 d. Any relevant identification or case numbers assigned to
1881 the case.
1882 3. The chief administrator, or a person designated by the
1883 chief administrator, of a county jail, municipal jail, juvenile
1884 detention facility, or residential commitment facility shall
1885 make a reasonable attempt to notify the alleged victim or
1886 appropriate next of kin of the alleged victim or other
1887 designated contact within 4 hours following the release of the
1888 defendant on pretrial release bail or, in the case of a juvenile
1889 offender, upon the release from residential detention or
1890 commitment. If the chief administrator, or designee, is unable
1891 to contact the alleged victim or appropriate next of kin of the
1892 alleged victim or other designated contact by telephone, the
1893 chief administrator, or designee, must send to the alleged
1894 victim or appropriate next of kin of the alleged victim or other
1895 designated contact a written notification of the defendant’s
1896 release.
1897 4. Unless otherwise requested by the victim or the
1898 appropriate next of kin of the victim or other designated
1899 contact, the information contained on the victim notification
1900 card must be sent by the chief administrator, or designee, of
1901 the appropriate facility to the subsequent correctional or
1902 residential commitment facility following the sentencing and
1903 incarceration of the defendant, and unless otherwise requested
1904 by the victim or the appropriate next of kin of the victim or
1905 other designated contact, he or she must be notified of the
1906 release of the defendant from incarceration as provided by law.
1907 5. If the defendant was arrested pursuant to a warrant
1908 issued or taken into custody pursuant to s. 985.101 in a
1909 jurisdiction other than the jurisdiction in which the defendant
1910 is being released, and the alleged victim or appropriate next of
1911 kin of the alleged victim or other designated contact does not
1912 waive the option for notification of release, the chief
1913 correctional officer or chief administrator of the facility
1914 releasing the defendant shall make a reasonable attempt to
1915 immediately notify the chief correctional officer of the
1916 jurisdiction in which the warrant was issued or the juvenile was
1917 taken into custody pursuant to s. 985.101, and the chief
1918 correctional officer of that jurisdiction shall make a
1919 reasonable attempt to notify the alleged victim or appropriate
1920 next of kin of the alleged victim or other designated contact,
1921 as provided in this paragraph, that the defendant has been or
1922 will be released.
1923 Section 79. This act shall take effect July 1, 2024.
