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CS/CS/HB 1017 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to bail bonds; amending s. 648.25, 2
F.S.; defining the term "virtual office"; amending s. 3
648.386, F.S.; defining the term "in-person classroom 4
instruction"; decreasing the duration of in-person 5
classroom-instruction basic certification courses 6
required to be considered for approval and 7
certification as an approved limited surety agent and 8
professional bail bond agent prelicensing school; 9
amending s. 648.44, F.S.; authorizing bail bond agents 10
and agencies to accept certain fees or charges; 11
prohibiting virtual offices; amending s. 903.011, 12
F.S.; requiring, rather than authorizing, that any 13
monetary or cash component of any form of pretrial 14
release be met by specified means; amending s. 15
903.046, F.S.; revising the criteria that a court must 16
consider in making specified determinations; 17
prohibiting a surety bond that has been revoked from 18
being reinstated without written authorization; 19
amending s. 903.0471, F.S.; requiring that, upon a 20
court's entry of an order to revoke pretrial release 21
and order pretrial detention in certain circumstances, 22
the clerk of the court discharge any bond previously 23
posted as a condition of pretrial release without 24
further order of the court; amending s. 903.05, F.S.; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deleting the requirement that a surety own certain 26
real estate as a qualification for the release of a 27
person on bail; repealing s. 903.08, F.S., relating to 28
sufficiency of sureties; amending s. 903.09, F.S.; 29
requiring sureties, other than bail bond agents, to 30
justify their suretyship by attaching to the bond 31
United States currency, a United States postal money 32
order, or a cashier's check in the amount of the bond; 33
providing that such currency, money order, or 34
cashier's check may not be used to secure more than 35
one bond; deleting the requirement that a surety 36
execute an affidavit providing certain information; 37
amending s. 903.101, F.S.; revising the requirements 38
that sureties must meet to have equal access to jails 39
for making bonds; amending s. 903.16, F.S.; 40
authorizing a defendant who has been admitted to bail, 41
or another person on the defendant's behalf, to 42
deposit with the official authorized to take bail 43
money an amount equal to the bail amount set in the 44
court order; requiring, rather than authorizing, the 45
sheriff or other officials to remit to the clerk money 46
or bonds received which are to be held by the clerk 47
pending court action; requiring that a deposit of bail 48
money be receipted in the name of the person making 49
such a deposit unless the depositor is a charitable 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bail fund; requiring a deposit to be receipted in the 51
name of the defendant if made by a charitable bail 52
fund; deleting a provision stating that consent is 53
conclusively presumed for the clerk of the circuit 54
court to sell bonds deposited as bail after forfeiture 55
of the bond; repealing s. 903.17, F.S., relating to 56
substitution of cash bail for other bail; amending s. 57
903.21, F.S.; specifying that the surety is exonerated 58
of liability on a bond if a specified determination is 59
made before forfeiture of the bond; revising the 60
definition of the term "costs and expenses"; amending 61
s. 903.26, F.S.; requiring that a signed certification 62
containing certain information must accompany or be 63
included with a specified notice; deleting a 64
requirement that municipal officials having custody of 65
forfeited money deposit such money in a designated 66
municipal fund within 60 days after the forfeiture 67
notice has been mailed or electronically transmitted; 68
deleting certain requirements that must be met when 69
bonds are forfeited; revising the circumstances under 70
which the court is required to discharge a forfeiture 71
within a specified timeframe; requiring the sheriff to 72
enter the information of a defendant in the National 73
Crime Information Center database for each felony 74
warrant that a court issues for failure to appear; 75
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specifying circumstances under which the clerk must 76
discharge a forfeiture and issue a certain notice to 77
the surety without further order of the court; 78
amending s. 903.27, F.S.; requiring the clerk of the 79
circuit court to enter a certain judgment if the 80
forfeiture is not paid or discharged by order of a 81
court of competent jurisdiction within 60 days after 82
the forfeiture notice has been mailed or 83
electronically transmitted; reducing the number of 84
days within which the clerk must furnish specified 85
information to the Department of Financial Services, 86
the Office of Insurance Regulation of the Financial 87
Services Commission, and the surety company at its 88
home office; amending s. 903.28, F.S.; increasing the 89
amount of time within which a court must order 90
remission of a forfeiture if it determines that there 91
was no breach of the bond by the surety; requiring a 92
court, in certain circumstances and upon a certain 93
motion, to order remission in accordance with 94
specified provisions if a defendant surrenders, is 95
deceased, or is apprehended within a certain time 96
after forfeiture; deleting provisions relating to the 97
ordering of remission under specified circumstances; 98
decreasing the amount of time for which the clerk of 99
the circuit court and the state attorney must be given 100
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notice before a certain hearing and be furnished with 101
copies of certain documents; requiring the clerk of 102
the circuit court to issue a remission in a specified 103
manner; providing for accrual of interest if remission 104
is not issued within such timeframe; providing that 105
the court may order remission of the forfeiture in 106
certain circumstances; amending s. 903.29, F.S.; 107
increasing the length of time from the date of 108
forfeiture of a bond within which a surety may arrest 109
the principal; amending s. 903.31, F.S.; revising 110
provisions relating to the ordering of a bond 111
cancellation; revising applicability; defining the 112
term "revoked"; specifying that the original 113
appearance bond does not guarantee a sentencing 114
deferral, a delayed sentencing, or an appearance after 115
entering a plea agreement; specifying that the clerk 116
of the court does not have standing to object to a 117
reinstatement of a bond; repealing s. 903.36, F.S., 118
relating to guaranteed arrest bond certificates as 119
cash bail; reenacting and amending s. 907.041, F.S.; 120
requiring that a certain pretrial release service 121
certification be made in writing before the defendant 122
is released from custody; revising the definition of 123
the term "dangerous crime"; specifying a circumstance 124
in which the state attorney or the court is not 125
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required to move for pretrial detention if a defendant 126
is arrested for certain dangerous crimes; reenacting 127
s. 626.2816(2) and (3), F.S., relating to regulation 128
of continuing education for licensees, course 129
providers, instructors, school officials, and monitor 130
groups, to incorporate the amendment made to s. 131
648.386, F.S., in references thereto; reenacting s. 132
903.047(1)(c), F.S., relating to conditions of 133
pretrial release, to incorporate the amendment made to 134
s. 903.046, F.S., in a reference thereto; reenacting 135
s. 903.286(2), F.S., relating to cash bond forms, to 136
incorporate the amendment made to s. 903.09, F.S., in 137
a reference thereto; providing an effective date. 138
139
Be It Enacted by the Legislature of the State of Florida: 140
141
Section 1. Subsection (12) is added to section 648.25, 142
Florida Statutes, to read: 143
648.25 Definitions.—As used in this chapter, the term: 144
(12) "Virtual office" means an office that does not 145
provide a continuous physical office space and provides 146
professional address and mail handling services and which may, 147
upon request, provide communications and telephone services or a 148
dedicated office space. 149
Section 2. Subsection (1) and paragraph (a) of subsection 150
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(2) of section 648.386, Florida Statutes, are amended to read: 151
648.386 Qualifications for prelicensing and continuing 152
education schools and instructors.— 153
(1) DEFINITIONS DEFINITION OF "CLASSROOM INSTRUCTION".—As 154
used in this section, the terms: term 155
(a) "Classroom instruction" means a course designed to be 156
presented to a group of students by a live instructor using 157
lecture, video, webcast, or virtual or other audio-video 158
presentation. 159
(b) "In-person classroom instruction" means a course 160
designed to be presented to a group of students by a live 161
instructor using lecture, with the instructor and students in 162
the same physical classroom at the same time. 163
(2) SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In 164
order to be considered for approval and certification as an 165
approved limited surety agent and professional bail bond agent 166
prelicensing school, such entity must: 167
(a)1. Offer a minimum of two 80-hour in-person 120-hour 168
classroom-instruction basic certification courses in the 169
criminal justice system per calendar year unless a reduced 170
number of course offerings per calendar year is warranted in 171
accordance with rules adopted promulgated by the department; or 172
2. Offer a department-approved correspondence course 173
pursuant to department rules. 174
Section 3. Paragraph (j) of subsection (1) and subsection 175
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(4) of section 648.44, Florida Statutes, are amended to read: 176
648.44 Prohibitions; penalty.— 177
(1) A bail bond agent or bail bond agency may not: 178
(j) Accept anything of value from a principal for 179
providing a bail bond aside from except the premium, a credit 180
card merchant processing fee, a mobile payment services fee or 181
similar charge which must be separate from and not considered 182
premium, and a transfer fee authorized by the office, except 183
that the bail bond agent or bail bond agency may accept 184
collateral security or other indemnity from the principal or 185
another person in accordance with s. 648.442, together with 186
documentary stamp taxes, if applicable. No fees, expenses, or 187
charges of any kind shall be permitted to be deducted from the 188
collateral held or any return premium due, except as authorized 189
by this chapter or rule of the department or commission. Upon 190
written agreement with another party, a bail bond agent or bail 191
bond agency may, upon written agreement with another party, 192
receive a fee or compensation for returning to custody an 193
individual who has fled the jurisdiction of the court or caused 194
the forfeiture of a bond. 195
(4) A place of business, including a branch office, may 196
not be established, opened, or maintained unless it is under the 197
active full-time charge of a licensed and appointed bail bond 198
agent. A virtual office is prohibited. 199
Section 4. Subsection (2) of section 903.011, Florida 200
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Statutes, is amended to read: 201
903.011 Pretrial release; general terms; statewide uniform 202
bond schedule.— 203
(2) Any monetary or cash component of any form of pretrial 204
release must may be met by a surety bond or by United States 205
currency, a United States postal money order, or a cashier's 206
check in the amount of the bond. 207
Section 5. Paragraph (d) of subsection (2) of section 208
903.046, Florida Statutes, is amended to read: 209
903.046 Purpose of and criteria for bail determination.— 210
(2) When determining whether to release a defendant on 211
bail or other conditions, and what that bail or those conditions 212
may be, the court shall consider: 213
(d) The defendant's past and present conduct, including 214
any record of convictions, previous flight to avoid prosecution, 215
or failure to appear at court proceedings. However, any 216
defendant who had failed to appear on the day of any required 217
court proceeding in the case at issue, but who had later 218
voluntarily appeared or surrendered, is not shall not be 219
eligible for a recognizance bond; and any defendant who failed 220
to appear on the day of any required court proceeding in the 221
case at issue and who was later arrested is not shall not be 222
eligible for a recognizance bond or for any form of bond which 223
does not require the greater of a monetary undertaking or 224
commitment equal to or greater than $2,000 or twice the value of 225
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the monetary commitment or undertaking of the original bond, 226
whichever is greater. Notwithstanding anything in this section, 227
the court has discretion in determining conditions of release if 228
the defendant proves circumstances beyond his or her control for 229
the failure to appear. A surety bond that has been revoked may 230
not be reinstated without the written authorization from the 231
bail bond agent, bail bond agency, or surety. This section may 232
not be construed as imposing additional duties or obligations on 233
a governmental entity related to monetary bonds. 234
Section 6. Section 903.0471, Florida Statutes, is amended 235
to read: 236
903.0471 Violation of condition of pretrial release.—237
Notwithstanding s. 907.041, a court may, on its own motion, 238
revoke pretrial release and order pretrial detention if the 239
court finds probable cause to believe that the defendant 240
committed a new crime while on pretrial release or violated any 241
other condition of pretrial release in a material respect. Upon 242
entry of such an order to revoke pretrial release and order 243
pretrial detention, other than for a failure to appear, the 244
clerk of the court must discharge any bond previously posted as 245
a condition of pretrial release without further order of the 246
court. 247
Section 7. Section 903.05, Florida Statutes, is amended to 248
read: 249
903.05 Qualification of sureties.—A surety for the release 250
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of a person on bail, other than a company authorized by law to 251
act as a surety, shall be a resident of the state or own real 252
estate within the state. 253
Section 8. Section 903.08, Florida Statutes, is repealed. 254
Section 9. Subsection (1) of section 903.09, Florida 255
Statutes, is amended to read: 256
903.09 Justification of sureties.— 257
(1) A surety, other than a bail bond agent as defined in 258
s. 648.25, shall justify his or her suretyship by attaching to 259
the bond United States currency, a United States postal money 260
order, or a cashier's check in the amount of the bond; however, 261
the United States currency, United States postal money order, or 262
cashier's check may not be used to secure more than one bond 263
execute an affidavit stating that she or he possesses the 264
qualifications and net worth required to become a surety. The 265
affidavit shall describe the surety's property and any 266
encumbrances and shall state the number and amount of any bonds 267
entered into by the surety at any court that remain 268
undischarged. 269
Section 10. Section 903.101, Florida Statutes, is amended 270
to read: 271
903.101 Sureties; licensed persons; to have equal access.—272
Subject to rules adopted by the Department of Financial Services 273
and by the Financial Services Commission, every surety who meets 274
the requirements of s. 903.09 ss. 903.05, 903.06, 903.08, and 275
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903.09, and every person who is currently licensed by the 276
Department of Financial Services and registered as required by 277
s. 648.42 must shall have equal access to the jails of this 278
state for the purpose of making bonds. 279
Section 11. Section 903.16, Florida Statutes, is amended 280
to read: 281
903.16 Deposit of money or bonds as bail.— 282
(1) A defendant who has been admitted to bail, or another 283
person in the defendant's behalf, may deposit with the official 284
authorized to take bail money an amount equal to the bail amount 285
set in the court order or nonregistered bonds of the United 286
States, the state, or a city, town, or county in the state, 287
equal in market value to the amount set in the order and the 288
personal bond of the defendant and an undertaking by the 289
depositor if the money or bonds are deposited by another. The 290
sheriff or other officials shall may remit money or bonds 291
received to the clerk to be held by the clerk pending court 292
action or return to the defendant or depositor. The clerk shall 293
accept money or bonds remitted by the sheriff. 294
(2) A deposit under subsection (1) must be receipted in 295
the name of the person making the deposit unless such deposit is 296
made by a charitable bail fund registered as a nonprofit 297
organization under s. 501(c)(3) of the United States Internal 298
Revenue Code. If the deposit is made by a charitable bail fund, 299
the deposit must be receipted in the name of the defendant. 300
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(2) Consent is conclusively presumed for the clerk of the 301
circuit court to sell bonds deposited as bail after forfeiture 302
of the bond. 303
Section 12. Section 903.17, Florida Statutes, is repealed. 304
Section 13. Subsection (3) of section 903.21, Florida 305
Statutes, is amended to read: 306
903.21 Method of surrender; exoneration of obligors.— 307
(3)(a) The surety shall be exonerated of liability on the 308
bond if it is determined before forfeiture breach of the bond 309
that the defendant is in any jail or prison and the surety 310
agrees in writing to pay the costs and expenses incurred in 311
returning the defendant to the jurisdiction of the court. A 312
surety is only responsible for the itemized costs and expenses 313
incurred for the transport of a defendant to whom he or she has 314
a fiduciary duty and is not liable for the costs and expenses 315
incurred in transporting any other defendant. 316
(b) As used in For purposes of this subsection, the term: 317
1. "Costs and expenses" means the prorated salary of any 318
law enforcement officer or employee of a contracted 319
transportation company as well as the actual expenses of 320
transporting each defendant, which may only consist of mileage, 321
vehicle expenses, meals, and, if necessary, overnight lodging 322
for any law enforcement officer or employee of a contracted 323
transportation company and the defendant. 324
2. "Jurisdiction" means the county from which the 325
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defendant was released on bail. 326
Section 14. Section 903.26, Florida Statutes, is amended 327
to read: 328
903.26 Forfeiture of the bond; when and how directed; 329
discharge; how and when made; effect of payment.— 330
(1) A bail bond may shall not be forfeited unless: 331
(a) The information, indictment, or affidavit was filed 332
within 6 months after from the date of arrest, and 333
(b) The clerk of the court gave the surety at least 72 334
hours' notice, exclusive of Saturdays, Sundays, and holidays, 335
before the time of the required appearance of the defendant. 336
Notice is shall not be necessary if the time for appearance is 337
within 72 hours after from the time of arrest, or if the time is 338
stated on the bond. Such notice may be mailed or electronically 339
transmitted. A certification signed by the clerk of the court or 340
the clerk's designee that the notice required under this 341
paragraph was mailed or electronically transmitted on a specific 342
date must accompany or be included on the required notice. 343
(2)(a) If there is a failure of the defendant to appear as 344
required, the court must shall declare the bond and any bonds or 345
money deposited as bail forfeited. The clerk of the court shall 346
mail or electronically transmit a notice to the surety agent, 347
bail bond agency, and surety company within 5 days after the 348
forfeiture. A certificate signed by the clerk of the court or 349
the clerk's designee which certifies, certifying that the notice 350
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required under this section herein was mailed or electronically 351
transmitted on a specified date and which is accompanied by a 352
copy of the required notice constitutes, shall constitute 353
sufficient proof that such mailing or electronic transmission 354
was properly accomplished as required in this paragraph 355
indicated therein. If such mailing or electronic transmission 356
was properly accomplished as evidenced by such certificate, the 357
failure of the surety agent, a bail bond agency, of a company, 358
or of a defendant to receive such notice does shall not 359
constitute a defense to such forfeiture and may shall not be 360
grounds for discharge, remission, reduction, set aside, or 361
continuance of such forfeiture. The forfeiture must shall be 362
paid within 60 days after the date the notice was mailed or 363
electronically transmitted. 364
(b) If Failure of the defendant fails to appear at the 365
time, date, and place of required appearance, shall result in 366
forfeiture of the bond is forfeited. Such forfeiture must shall 367
be automatically entered by the clerk upon such failure to 368
appear, and the clerk shall follow the procedures in paragraph 369
(a). However, the court may determine, in its discretion and, in 370
the interest of justice, that an appearance by the defendant on 371
the same day as required day does not warrant forfeiture of the 372
bond; and the court may direct the clerk to set aside any such 373
forfeiture which may have been entered. Any appearance by the 374
defendant later than the required day constitutes forfeiture of 375
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the bond, and the court may shall not preclude entry of such 376
forfeiture by the clerk. 377
(c) If there is a forfeiture of the bond, the clerk must 378
shall provide, upon request, a certified copy of the warrant or 379
capias to the bail bond agent or surety company. 380
(3) Sixty days after the forfeiture notice has been mailed 381
or electronically transmitted: 382
(a) State and county officials having custody of forfeited 383
money shall deposit the money in the fine and forfeiture fund 384
established pursuant to s. 142.01. 385
(b) Municipal officials having custody of forfeited money 386
shall deposit the money in a designated municipal fund. 387
(b)(c) Officials having custody of bonds as authorized by 388
s. 903.16 shall transmit the bonds to the clerk of the circuit 389
court who shall sell them at market value and disburse the 390
proceeds as provided in paragraph (a) paragraphs (a) and (b). 391
(4)(a) When a bond is forfeited, the clerk shall transmit 392
the bond and any affidavits to the clerk of the circuit court in 393
which the bond and affidavits are filed. The clerk of the 394
circuit court shall record the forfeiture in the deed or 395
official records book. If the undertakings and affidavits 396
describe real property in another county, the clerk shall 397
transmit the bond and affidavits to the clerk of the circuit 398
court of the county where the property is located who shall 399
record and return them. 400
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(b) The bond and affidavits shall be a lien on the real 401
property they describe from the time of recording in the county 402
where the property is located for 2 years or until the final 403
determination of an action instituted thereon within a 2-year 404
period. If an action is not instituted within 2 years from the 405
date of recording, the lien shall be discharged. The lien will 406
be discharged 2 years after the recording even if an action was 407
instituted within 2 years unless a lis pendens notice is 408
recorded in the action. 409
(4)(5) The court shall discharge a forfeiture within 60 410
days after the forfeiture notice was mailed or electronically 411
transmitted upon any of the following: 412
(a) A determination that, due to circumstances beyond the 413
defendant's control, it was impossible for the defendant to 414
appear as required or within 60 days after the date of the 415
required appearance due to circumstances beyond the defendant's 416
control. The potential adverse economic consequences of 417
appearing as required may not be considered as constituting a 418
ground for such a determination.; 419
(b) A determination that, at the time of the required 420
appearance or within 60 days after the date of the required 421
appearance, the defendant was confined in an institution or 422
hospital; was confined in any county, state, federal, or 423
immigration detention facility; was deported; or is deceased.; 424
(c) Surrender or arrest of the defendant at the time of 425
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the required appearance or within 60 days after the date of the 426
required appearance in any county, state, or federal jail or 427
prison and upon a hold being placed to return the defendant to 428
the jurisdiction of the court. The court shall condition a 429
discharge or remission on the payment of costs and the expenses 430
as provided in s. 903.21(3), incurred by an official in 431
returning the defendant to the jurisdiction of the court.; or 432
(d) A determination that the state is unwilling to seek 433
extradition of the fugitive defendant within 10 30 days after a 434
written request by the surety agent to do so, and contingent 435
upon the surety agent's consent to pay all costs and the 436
expenses incurred by an official in returning the defendant to 437
the jurisdiction of the court, as provided in s. 903.21(3), up 438
to the penal amount of the bond. 439
(5) For each felony warrant that a court issues for a 440
failure to appear in court, the sheriff shall enter the 441
information of the defendant in the National Crime Information 442
Center database with no restrictions until the defendant is 443
returned to the jurisdiction of the court. 444
(6) The discharge of a forfeiture may shall not be ordered 445
for any reason other than as specified herein. 446
(7) The payment by a surety of a forfeiture under this law 447
has shall have the same effect on the bond as payment of a 448
judgment. 449
(8) If the defendant is arrested and returned to the 450
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county of jurisdiction of the court or has posted a new bond for 451
the case at issue before judgment, the clerk must, upon 452
affirmation by the sheriff or the chief correctional officer 453
and, shall, without further hearing or order of the court, 454
discharge the forfeiture of the bond. However, if the surety 455
agent fails to pay the costs and expenses incurred in returning 456
the defendant to the county of jurisdiction, the clerk may shall 457
not discharge the forfeiture of the bond. If the surety agent 458
and the sheriff fail to agree on the amount of such said costs, 459
then the court, after notice to the sheriff and the state 460
attorney, must shall determine the amount of the costs. 461
(9) If, after forfeiture of a bond, the criminal charges 462
for which the bond guaranteed appearance are resolved, 463
adjudicated, or otherwise disposed of by any action of the court 464
or state, the clerk must discharge the forfeiture and issue such 465
notice to the surety without further order of the court. If such 466
resolution or disposition occurs after payment of a forfeiture 467
or judgment, remission must be granted upon proper motion and as 468
specified under s. 903.28. 469
Section 15. Section 903.27, Florida Statutes, is amended 470
to read: 471
903.27 Forfeiture to judgment.— 472
(1) If the forfeiture is not paid or discharged by order 473
of a court of competent jurisdiction within 60 days after the 474
forfeiture notice has been mailed or electronically transmitted 475
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and the bond is secured other than by money and bonds authorized 476
in s. 903.16, the clerk of the circuit court for the county 477
where the order was made must shall enter a judgment against the 478
surety for the amount of the penalty and issue execution. 479
However, in any case in which the bond forfeiture has been 480
discharged by the court of competent jurisdiction conditioned 481
upon the payment by the surety of certain costs or fees as 482
allowed by statute, the amount for which judgment may be entered 483
may not exceed the amount of the unpaid fees or costs upon which 484
the discharge had been conditioned. Judgment for the full amount 485
of the forfeiture may shall not be entered if payment of a 486
lesser amount will satisfy the conditions to discharge the 487
forfeiture. Within 5 10 days, the clerk shall furnish the 488
Department of Financial Services and the Office of Insurance 489
Regulation of the Financial Services Commission with a certified 490
copy of the judgment docket and shall furnish the surety company 491
at its home office a copy of the judgment, which shall include 492
the power of attorney number of the bond and the name of the 493
executing agent. If the judgment is not paid within 35 days, the 494
clerk must shall furnish the Department of Financial Services, 495
the Office of Insurance Regulation, and the sheriff of the 496
county in which the bond was executed, or the official 497
responsible for operation of the county jail, if that official 498
is not other than the sheriff, two copies of the judgment and a 499
certificate stating that the judgment remains unsatisfied. When 500
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and if the judgment is properly paid or an order to vacate the 501
judgment has been entered by a court of competent jurisdiction, 502
the clerk shall immediately notify the sheriff, or other such 503
the official responsible for the operation of the county jail, 504
if other than the sheriff, and, if they have been previously 505
notified of nonpayment, the Department of Financial Services and 506
the Office of Insurance Regulation, if the department and office 507
had been previously notified of nonpayment, of such payment or 508
order to vacate the judgment. The clerk may furnish documents or 509
give notice as required in this subsection by mail or electronic 510
means. The clerk shall also immediately prepare and record in 511
the public records a satisfaction of the judgment or record the 512
order to vacate judgment. If the defendant is returned to the 513
county of jurisdiction of the court, whenever a motion to set 514
aside the judgment is filed, the operation of this section is 515
tolled until the court makes a disposition of the motion. 516
(2) A certificate signed by the clerk of the court or her 517
or his designee which certifies, certifying that the notice 518
required in subsection (1) was mailed or electronically 519
delivered on a specified date, and is accompanied by a copy of 520
the required notice constitutes sufficient proof that such 521
mailing or electronic delivery was properly accomplished as 522
required in this subsection indicated therein. If such mailing 523
or electronic delivery was properly accomplished as evidenced by 524
such certificate, the failure of a company to receive a copy of 525
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the judgment as prescribed in subsection (1) does not constitute 526
a defense to the forfeiture and is not a ground for the 527
discharge, remission, reduction, set aside, or continuance of 528
such forfeiture. 529
(3) Surety bail bonds may not be executed by a bail bond 530
agent or a bail bond agency against whom a judgment has been 531
entered which has remained unpaid for 35 days and may not be 532
executed for a company against whom a judgment has been entered 533
which has remained unpaid for 50 days. A No sheriff or other 534
official who is empowered to accept or approve surety bail bonds 535
may not shall accept or approve such a bond executed by such a 536
bail bond agent or bail bond agency or executed for such a 537
company until such judgment has been paid. 538
(4) After notice of judgment against the surety given by 539
the clerk of the circuit court, the surety, a bail bond agency, 540
or a bail bond agent shall, within 35 days after of the entry of 541
judgment, submit to the clerk of the circuit court an amount 542
equal to the judgment, unless the judgment has been set aside by 543
the court within 35 days after of the entry of the judgment. If 544
a motion to set aside the judgment has been filed pursuant to 545
subsection (5), the amount submitted must shall be held in 546
escrow until such time as the court has disposed of the motion. 547
The failure to comply with the provisions of this subsection 548
constitutes a failure to pay the judgment. 549
(5) After notice of judgment against the surety given by 550
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the clerk of the circuit court, the surety, bail bond agency, or 551
bail bond agent may within 35 days file a motion to set aside 552
the judgment or to stay the judgment. It shall be a condition of 553
Any such motion or and of any order to stay the judgment must be 554
conditioned on payment by that the surety of pay the amount of 555
the judgment to the clerk, which amount must shall be held in 556
escrow until such time as the court has disposed of the motion 557
to set aside the judgment. The filing of such a motion, when 558
accompanied by the required escrow deposit, acts shall act as an 559
automatic stay of further proceedings, including execution, 560
until the motion has been heard and a decision rendered by the 561
court. 562
(6) The failure of a state attorney to file, or of the 563
clerk of the circuit court to make, a certified copy of the 564
order of forfeiture as required by law applicable before prior 565
to July 1, 1982, does shall not invalidate any judgment entered 566
by the clerk before prior to June 12, 1981. 567
Section 16. Section 903.28, Florida Statutes, is amended 568
to read: 569
903.28 Remission of forfeiture; conditions.— 570
(1) An application for remission may not be brought, nor 571
be considered by the court, unless such On application is filed 572
within 37 months after 2 years from forfeiture. Upon a timely 573
filed application for remission, the court shall order remission 574
of the forfeiture in accordance with the remission schedule set 575
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forth in subsection (2) if it determines that there was no 576
breach of the bond by the surety. 577
(2) If the defendant surrenders or is apprehended and the 578
surety has paid all costs of returning the defendant to the 579
jurisdiction of the court, if the defendant is deceased, or if 580
the state attorney is unwilling to seek extradition of the 581
defendant from any jail or prison after a request by the surety 582
agent, bail bond agency, or surety company consenting to pay all 583
costs incurred by an official in returning the defendant to the 584
jurisdiction of the court, as provided in s. 903.21(3)(a), up to 585
the penal amount of the bond, within 36 months 90 days after 586
forfeiture, the court, on motion at a hearing upon notice having 587
been given to the clerk of the circuit court and the state 588
attorney as required in subsection (4), must subsection (8), 589
shall direct remission in accordance with the following: 590
(a) One-hundred percent of the forfeiture if the defendant 591
surrenders or is apprehended within 90 days after the forfeiture 592
and the delay has not thwarted proper prosecution of the 593
defendant or if the defendant is deceased or the state is 594
unwilling to seek extradition of the defendant within 90 days 595
after forfeiture. 596
(b) Ninety-five percent of the forfeiture if the defendant 597
surrenders or is apprehended within 180 days after forfeiture 598
and the delay has not thwarted proper prosecution of the 599
defendant or if the defendant is deceased or the state is 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
unwilling to seek extradition of the defendant within 180 days 601
after forfeiture. 602
(c) Ninety percent of the forfeiture if the defendant 603
surrenders or is apprehended within 270 days after forfeiture 604
and the delay has not thwarted proper prosecution of the 605
defendant or if the defendant is deceased or the state is 606
unwilling to seek extradition of the defendant within 270 days 607
after forfeiture. 608
(d) Eighty-five percent of the forfeiture if the defendant 609
surrenders or is apprehended within 360 days after forfeiture 610
and the delay has not thwarted proper prosecution of the 611
defendant or if the defendant is deceased or the state is 612
unwilling to seek extradition of the defendant within 360 days 613
after forfeiture. 614
(e) Eighty percent of the forfeiture if the defendant 615
surrenders or is apprehended within 450 days after forfeiture 616
and the delay has not thwarted proper prosecution of the 617
defendant or if the defendant is deceased or the state is 618
unwilling to seek extradition of the defendant within 450 days 619
after forfeiture. 620
(f) Seventy-five percent of the forfeiture if the 621
defendant surrenders or is apprehended within 540 days after 622
forfeiture and the delay has not thwarted proper prosecution of 623
the defendant or if the defendant is deceased or the state is 624
unwilling to seek extradition of the defendant within 540 days 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
after forfeiture. 626
(g) Seventy percent of the forfeiture if the defendant 627
surrenders or is apprehended within 630 days after forfeiture 628
and the delay has not thwarted proper prosecution of the 629
defendant or if the defendant is deceased or the state is 630
unwilling to seek extradition of the defendant within 630 days 631
after forfeiture. 632
(h) Sixty-five percent of the forfeiture if the defendant 633
surrenders or is apprehended within 720 days after forfeiture 634
and the delay has not thwarted proper prosecution of the 635
defendant or if the defendant is deceased or the state is 636
unwilling to seek extradition of the defendant within 720 days 637
after forfeiture. 638
(i) Sixty percent of the forfeiture if the defendant 639
surrenders or is apprehended within 810 days after forfeiture 640
and the delay has not thwarted proper prosecution of the 641
defendant or if the defendant is deceased or the state is 642
unwilling to seek extradition of the defendant within 810 days 643
after forfeiture. 644
(j) Fifty-five percent of the forfeiture if the defendant 645
surrenders or is apprehended within 900 days after forfeiture 646
and the delay has not thwarted proper prosecution of the 647
defendant or if the defendant is deceased or the state is 648
unwilling to seek extradition of the defendant within 900 days 649
after forfeiture. 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(k) Fifty percent of the forfeiture if the defendant 651
surrenders or is apprehended within 990 days after forfeiture 652
and the delay has not thwarted proper prosecution of the 653
defendant or if the defendant is deceased or the state is 654
unwilling to seek extradition of the defendant within 990 days 655
after forfeiture. 656
(l) Forty-five percent of the forfeiture if the defendant 657
surrenders or is apprehended within 1,095 days after forfeiture 658
and the delay has not thwarted proper prosecution of the 659
defendant or if the defendant is deceased or the state is 660
unwilling to seek extradition of the defendant within 1,095 days 661
after forfeiture of up to, but not more than, 100 percent of a 662
forfeiture if the surety apprehended and surrendered the 663
defendant or if the apprehension or surrender of the defendant 664
was substantially procured or caused by the surety, or the 665
surety has substantially attempted to procure or cause the 666
apprehension or surrender of the defendant, and the delay has 667
not thwarted the proper prosecution of the defendant. In 668
addition, remission shall be granted when the surety did not 669
substantially participate or attempt to participate in the 670
apprehension or surrender of the defendant when the costs of 671
returning the defendant to the jurisdiction of the court have 672
been deducted from the remission and when the delay has not 673
thwarted the proper prosecution of the defendant. 674
(3) If the defendant surrenders or is apprehended within 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
180 days after forfeiture, the court, on motion at a hearing 676
upon notice having been given to the clerk of the circuit court 677
and the state attorney as required in subsection (8), shall 678
direct remission of up to, but not more than, 95 percent of a 679
forfeiture if the surety apprehended and surrendered the 680
defendant or if the apprehension or surrender of the defendant 681
was substantially procured or caused by the surety, or the 682
surety has substantially attempted to procure or cause the 683
apprehension or surrender of the defendant, and the delay has 684
not thwarted the proper prosecution of the defendant. In 685
addition, remission shall be granted when the surety did not 686
substantially participate or attempt to participate in the 687
apprehension or surrender of the defendant when the costs of 688
returning the defendant to the jurisdiction of the court have 689
been deducted from the remission and when the delay has not 690
thwarted the proper prosecution of the defendant. 691
(4) If the defendant surrenders or is apprehended within 692
270 days after forfeiture, the court, on motion at a hearing 693
upon notice having been given to the clerk of the circuit court 694
and the state attorney as required in subsection (8), shall 695
direct remission of up to, but not more than, 90 percent of a 696
forfeiture if the surety apprehended and surrendered the 697
defendant or if the apprehension or surrender of the defendant 698
was substantially procured or caused by the surety, or the 699
surety has substantially attempted to procure or cause the 700
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apprehension or surrender of the defendant, and the delay has 701
not thwarted the proper prosecution of the defendant. In 702
addition, remission shall be granted when the surety did not 703
substantially participate or attempt to participate in the 704
apprehension or surrender of the defendant when the costs of 705
returning the defendant to the jurisdiction of the court have 706
been deducted from the remission and when the delay has not 707
thwarted the proper prosecution of the defendant. 708
(5) If the defendant surrenders or is apprehended within 1 709
year after forfeiture, the court, on motion at a hearing upon 710
notice having been given to the clerk of the circuit court and 711
the state attorney as required in subsection (8), shall direct 712
remission of up to, but not more than, 85 percent of a 713
forfeiture if the surety apprehended and surrendered the 714
defendant or if the apprehension or surrender of the defendant 715
was substantially procured or caused by the surety, or the 716
surety has substantially attempted to procure or cause the 717
apprehension or surrender of the defendant, and the delay has 718
not thwarted the proper prosecution of the defendant. In 719
addition, remission shall be granted when the surety did not 720
substantially participate or attempt to participate in the 721
apprehension or surrender of the defendant when the costs of 722
returning the defendant to the jurisdiction of the court have 723
been deducted from the remission and when the delay has not 724
thwarted the proper prosecution of the defendant. 725
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(6) If the defendant surrenders or is apprehended within 2 726
years after forfeiture, the court, on motion at a hearing upon 727
notice having been given to the clerk of the circuit court and 728
the state attorney as required in subsection (8), shall direct 729
remission of up to, but not more than, 50 percent of a 730
forfeiture if the surety apprehended and surrendered the 731
defendant or if the apprehension or surrender of the defendant 732
was substantially procured or caused by the surety, or the 733
surety has substantially attempted to procure or cause the 734
apprehension or surrender of the defendant, and the delay has 735
not thwarted the proper prosecution of the defendant. In 736
addition, remission shall be granted when the surety did not 737
substantially participate or attempt to participate in the 738
apprehension or surrender of the defendant when the costs of 739
returning the defendant to the jurisdiction of the court have 740
been deducted from the remission and when the delay has not 741
thwarted the proper prosecution of the defendant. 742
(3)(7) The remission of a forfeiture may not be ordered 743
for any reason other than as specified in this section herein. 744
(4)(8) An application for remission must be accompanied by 745
affidavits setting forth the facts on which it is founded; 746
however, the surety must establish by further documentation or 747
other evidence any claimed attempt at procuring or causing the 748
apprehension or surrender of the defendant before the court may 749
order remission based upon an attempt to procure or cause such 750
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apprehension or surrender. The clerk of the circuit court and 751
the state attorney must be given 10 20 days' notice before a 752
hearing on an application and be furnished copies of all papers, 753
applications, and affidavits. Remission must shall be granted on 754
the condition of payment of costs, as provided in s. 755
903.21(3)(a), unless the ground for remission is that there was 756
no breach of the bond. 757
(5)(9) The clerk of the circuit court may enter into a 758
contract with a private attorney or into an interagency 759
agreement with a governmental agency to represent the clerk of 760
the court in an action for the remission of a forfeiture under 761
this section. 762
(6)(10) The clerk of the circuit court is the real party 763
in interest for all appeals arising from an action for the 764
remission of a forfeiture under this section. 765
(7) The clerk of the circuit court shall issue a remission 766
in accordance with s. 218.74(4) after entry of a court order 767
directing remission. 768
(8) If the defendant surrenders or is apprehended and the 769
surety has not paid all costs of returning the defendant to the 770
jurisdiction of court, the court may order remission of the 771
forfeiture in accordance with subsection (2) if the actual costs 772
of returning the defendant to the jurisdiction of the court have 773
been deducted from the remission. 774
Section 17. Section 903.29, Florida Statutes, is amended 775
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to read: 776
903.29 Arrest of principal by surety after forfeiture.—777
Within 3 2 years from the date of forfeiture of a bond, the 778
surety may arrest the principal for the purpose of surrendering 779
the principal to the official in whose custody she or he was at 780
the time bail was taken or in whose custody the principal would 781
have been placed had she or he been committed. 782
Section 18. Subsections (1) and (2) of section 903.31, 783
Florida Statutes, are amended to read: 784
903.31 Canceling the bond.— 785
(1) Within 10 business days after the conditions of a bond 786
have been satisfied or the forfeiture discharged or remitted, 787
the court must shall order the bond canceled and, if the surety 788
has attached a certificate of cancellation to the original bond, 789
the clerk of the court must shall mail or electronically furnish 790
an executed certificate of cancellation to the surety without 791
cost. The clerk of the court shall discharge the bond upon an 792
adjudication of guilt or innocence or an acquittal, or if a 793
period of 36 months has passed since the original bond was 794
posted., or A withholding of an adjudication of guilt, a finding 795
of guilt by a jury, or a no action by the state satisfies shall 796
satisfy the conditions of the bond. If the bond has been revoked 797
by the court, other than for a failure to appear, the clerk of 798
the court must discharge or cancel the bond. The original 799
appearance bond expires shall expire 36 months after such bond 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
has been posted for the release of the defendant from custody, 801
at which time the clerk of the court must discharge the bond. 802
This subsection does not apply to cases in which a bond has been 803
declared forfeited before the 36-month expiration, unless the 804
forfeiture was set aside or discharged. As used in this 805
subsection, the term "revoked" means that an act, a statement, a 806
document, or a promise has been annulled or canceled. 807
(2) The original appearance bond does not guarantee a 808
deferred sentence; a sentencing deferral; a delayed sentencing; 809
an appearance after entering a plea agreement; an appearance 810
during or after a presentence investigation; an appearance 811
during or after appeals; conduct during or appearance after 812
admission to a pretrial intervention program; placement in a 813
court-ordered program, including a residential mental health 814
facility; payment of fines; or attendance at educational or 815
rehabilitation facilities the court otherwise provides in the 816
judgment. If the original appearance bond has been forfeited or 817
revoked, it may the bond shall not be reinstated without 818
approval from the surety on the original bond. The clerk of the 819
court does not have standing to object to a motion to reinstate 820
bond under this subsection. 821
Section 19. Section 903.36, Florida Statutes, is repealed. 822
Section 20. Paragraph (b) of subsection (3) and paragraphs 823
(a) and (d) of subsection (5) of section 907.041, Florida 824
Statutes, are amended, and paragraph (c) of subsection (5) of 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that section is reenacted, to read: 826
907.041 Pretrial detention and release.— 827
(3) RELEASE ON NONMONETARY CONDITIONS.— 828
(b) A No person may not shall be released on nonmonetary 829
conditions under the supervision of a pretrial release service, 830
unless the service certifies in writing to the court, before the 831
defendant is released from custody, that it has investigated or 832
otherwise verified: 833
1. The circumstances of the accused's family, employment, 834
financial resources, character, mental condition, immigration 835
status, and length of residence in the community; 836
2. The accused's record of convictions, of appearances at 837
court proceedings, of flight to avoid prosecution, or of failure 838
to appear at court proceedings; and 839
3. Other facts necessary to assist the court in its 840
determination of the indigency of the accused and whether she or 841
he should be released under the supervision of the service. 842
(5) PRETRIAL DETENTION.— 843
(a) As used in this subsection, "dangerous crime" means 844
any of the following: 845
1. Arson.; 846
2. Aggravated assault.; 847
3. Aggravated battery.; 848
4. Illegal use of explosives.; 849
5. Child abuse or aggravated child abuse.; 850
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6. Abuse of an elderly person or disabled adult, or 851
aggravated abuse of an elderly person or disabled adult.; 852
7. Aircraft piracy.; 853
8. Kidnapping.; 854
9. Homicide.; 855
10. Manslaughter, including DUI manslaughter and BUI 856
manslaughter.; 857
11. Sexual battery.; 858
12. Robbery.; 859
13. Carjacking.; 860
14. Lewd, lascivious, or indecent assault or act upon or 861
in presence of a child under the age of 16 years.; 862
15. Sexual activity with a child, who is 12 years of age 863
or older but less than 18 years of age, by or at solicitation of 864
person in familial or custodial authority.; 865
16. Burglary of a dwelling.; 866
17. Stalking and aggravated stalking.; 867
18. Act of domestic violence as defined in s. 741.28.; 868
19. Home invasion robbery.; 869
20. Act of terrorism as defined in s. 775.30.; 870
21. Manufacturing any substances in violation of chapter 871
893.; 872
22. Attempting or conspiring to commit any such crime.; 873
23. Human trafficking.; 874
24. Trafficking in any controlled substance described in 875
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s. 893.135(1)(c)4.; 876
25. Extortion in violation of s. 836.05.; and 877
26. Written threats to kill in violation of s. 836.10. 878
27. Driving under the influence in violation of s. 879
316.193(2)(b)1. or (2)(b)3. 880
28. Felony battery. 881
29. Battery by strangulation. 882
30. Burglary in violation of s. 810.02(2). 883
(c) Upon motion by the state attorney, the court may order 884
pretrial detention if it finds a substantial probability, based 885
on a defendant's past and present patterns of behavior, the 886
criteria in s. 903.046, and any other relevant facts, that any 887
of the following circumstances exist: 888
1. The defendant has previously violated conditions of 889
release and that no further conditions of release are reasonably 890
likely to assure the defendant's appearance at subsequent 891
proceedings; 892
2. The defendant, with the intent to obstruct the judicial 893
process, has threatened, intimidated, or injured any victim, 894
potential witness, juror, or judicial officer, or has attempted 895
or conspired to do so, and that no condition of release will 896
reasonably prevent the obstruction of the judicial process; 897
3. The defendant is charged with trafficking in controlled 898
substances as defined by s. 893.135, that there is a substantial 899
probability that the defendant has committed the offense, and 900
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that no conditions of release will reasonably assure the 901
defendant's appearance at subsequent criminal proceedings; 902
4. The defendant is charged with DUI manslaughter, as 903
defined by s. 316.193, and that there is a substantial 904
probability that the defendant committed the crime and that the 905
defendant poses a threat of harm to the community; conditions 906
that would support a finding by the court pursuant to this 907
subparagraph that the defendant poses a threat of harm to the 908
community include, but are not limited to, any of the following: 909
a. The defendant has previously been convicted of any 910
crime under s. 316.193, or of any crime in any other state or 911
territory of the United States that is substantially similar to 912
any crime under s. 316.193; 913
b. The defendant was driving with a suspended driver 914
license when the charged crime was committed; or 915
c. The defendant has previously been found guilty of, or 916
has had adjudication of guilt withheld for, driving while the 917
defendant's driver license was suspended or revoked in violation 918
of s. 322.34; 919
5. The defendant poses the threat of harm to the 920
community. The court may so conclude, if it finds that the 921
defendant is presently charged with a dangerous crime, that 922
there is a substantial probability that the defendant committed 923
such crime, that the factual circumstances of the crime indicate 924
a disregard for the safety of the community, and that there are 925
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no conditions of release reasonably sufficient to protect the 926
community from the risk of physical harm to persons; 927
6. The defendant was on probation, parole, or other 928
release pending completion of sentence or on pretrial release 929
for a dangerous crime at the time the current offense was 930
committed; 931
7. The defendant has violated one or more conditions of 932
pretrial release or bond for the offense currently before the 933
court and the violation, in the discretion of the court, 934
supports a finding that no conditions of release can reasonably 935
protect the community from risk of physical harm to persons or 936
assure the presence of the accused at trial; or 937
8.a. The defendant has ever been sentenced pursuant to s. 938
775.082(9) or s. 775.084 as a prison releasee reoffender, 939
habitual violent felony offender, three-time violent felony 940
offender, or violent career criminal, or the state attorney 941
files a notice seeking that the defendant be sentenced pursuant 942
to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 943
habitual violent felony offender, three-time violent felony 944
offender, or violent career criminal; 945
b. There is a substantial probability that the defendant 946
committed the offense; and 947
c. There are no conditions of release that can reasonably 948
protect the community from risk of physical harm or ensure the 949
presence of the accused at trial. 950
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(d) If a defendant is arrested for a dangerous crime that 951
is a capital felony, a life felony, or a felony of the first 952
degree, and the court determines there is probable cause to 953
believe the defendant committed the offense, the state attorney, 954
or the court on its own motion, must move shall motion for 955
pretrial detention unless the defendant is already being held. 956
If the court finds a substantial probability that the defendant 957
committed the offense and, based on the defendant's past and 958
present patterns of behavior, consideration of the criteria in 959
s. 903.046, and any other relevant facts, that no conditions of 960
release or bail will reasonably protect the community from risk 961
of physical harm, ensure the presence of the defendant at trial, 962
or assure the integrity of the judicial process, the court must 963
order pretrial detention. 964
Section 21. For the purpose of incorporating the amendment 965
made by this act to section 648.386, Florida Statutes, in 966
references thereto, subsections (2) and (3) of section 626.2816, 967
Florida Statutes, are reenacted to read: 968
626.2816 Regulation of continuing education for licensees, 969
course providers, instructors, school officials, and monitor 970
groups.— 971
(2) The department shall adopt rules establishing 972
standards for the approval, regulation, and operation of the 973
continuing education programs and for the discipline of 974
licensees, course providers, instructors, school officials, and 975
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monitor groups. The standards must be designed to ensure that 976
such course providers, instructors, school officials, and 977
monitor groups have the knowledge, competence, and integrity to 978
fulfill the educational objectives of ss. 626.2815, 626.869, 979
648.385, and 648.386. 980
(3) The department shall adopt rules establishing a 981
process by which compliance with the continuing education 982
requirements of ss. 626.2815, 626.869, 648.385, and 648.386 can 983
be determined, the establishment of a continuing education 984
compliance period for licensees, and forms necessary to 985
implement such a process. 986
Section 22. For the purpose of incorporating the amendment 987
made by this act to section 903.046, Florida Statutes, in a 988
reference thereto, paragraph (c) of subsection (1) of section 989
903.047, Florida Statutes, is reenacted to read: 990
903.047 Conditions of pretrial release.— 991
(1) As a condition of pretrial release, whether such 992
release is by surety bail bond or recognizance bond or in some 993
other form, the defendant must: 994
(c) Comply with all conditions of pretrial release imposed 995
by the court. A court must consider s. 903.046(2) when 996
determining whether to impose nonmonetary conditions in addition 997
to or in lieu of monetary bond. Such nonmonetary conditions may 998
include, but are not limited to, requiring a defendant to: 999
1. Maintain employment, or, if unemployed, actively seek 1000
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employment. 1001
2. Maintain or commence an educational program. 1002
3. Abide by specified restrictions on personal 1003
associations, place of residence, or travel. 1004
4. Report on a regular basis to a designated law 1005
enforcement agency, pretrial services agency, or other agency. 1006
5. Comply with a specified curfew. 1007
6. Refrain from possessing a firearm, destructive device, 1008
or other dangerous weapon. 1009
7. Refrain from excessive use of alcohol, or any use of a 1010
narcotic drug or other controlled substance without a 1011
prescription from a licensed medical practitioner. 1012
8. Undergo available medical, psychological, psychiatric, 1013
mental health, or substance abuse evaluation and follow all 1014
recommendations, including treatment for drug or alcohol 1015
dependency, and remain in a specified institution, if required 1016
for that purpose. 1017
9. Return to custody for specified hours following release 1018
for employment, school, or other limited purposes. 1019
10. Any other condition that is reasonably necessary to 1020
assure the appearance of the defendant at subsequent proceedings 1021
and to protect the community against unreasonable danger of 1022
harm. 1023
Section 23. For the purpose of incorporating the amendment 1024
made by this act to section 903.09, Florida Statutes, in a 1025
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reference thereto, subsection (2) of section 903.286, Florida 1026
Statutes, is reenacted to read: 1027
903.286 Return of cash bond; requirement to withhold 1028
unpaid fines, fees, court costs; cash bond forms.— 1029
(2) All cash bond forms used in conjunction with the 1030
requirements of s. 903.09 must prominently display a notice 1031
explaining that all funds are subject to forfeiture and 1032
withholding by the clerk of the court for the payment of costs 1033
of prosecution, costs of representation as provided by ss. 27.52 1034
and 938.29, court fees, court costs, and criminal penalties on 1035
behalf of the criminal defendant regardless of who posted the 1036
funds. 1037
Section 24. This act shall take effect July 1, 2026. 1038