H 1017

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    CS/CS/HB 1017  2026
1A bill to be entitled
2An act relating to bail bonds; amending s. 648.25,
3F.S.; defining the term "virtual office"; amending s.
4648.386, F.S.; defining the term "in-person classroom
5instruction"; decreasing the duration of in-person
6classroom-instruction basic certification courses
7required to be considered for approval and
8certification as an approved limited surety agent and
9professional bail bond agent prelicensing school;
10amending s. 648.44, F.S.; authorizing bail bond agents
11and agencies to accept certain fees or charges;
12prohibiting virtual offices; amending s. 903.011,
13F.S.; requiring, rather than authorizing, that any
14monetary or cash component of any form of pretrial
15release be met by specified means; amending s.
16903.046, F.S.; revising the criteria that a court must
17consider in making specified determinations;
18prohibiting a surety bond that has been revoked from
19being reinstated without written authorization;
20amending s. 903.0471, F.S.; requiring that, upon a
21court's entry of an order to revoke pretrial release
22and order pretrial detention in certain circumstances,
23the clerk of the court discharge any bond previously
24posted as a condition of pretrial release without
25further order of the court; amending s. 903.05, F.S.;
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26deleting the requirement that a surety own certain
27real estate as a qualification for the release of a
28person on bail; repealing s. 903.08, F.S., relating to
29sufficiency of sureties; amending s. 903.09, F.S.;
30requiring sureties, other than bail bond agents, to
31justify their suretyship by attaching to the bond
32United States currency, a United States postal money
33order, or a cashier's check in the amount of the bond;
34providing that such currency, money order, or
35cashier's check may not be used to secure more than
36one bond; deleting the requirement that a surety
37execute an affidavit providing certain information;
38amending s. 903.101, F.S.; revising the requirements
39that sureties must meet to have equal access to jails
40for making bonds; amending s. 903.16, F.S.;
41authorizing a defendant who has been admitted to bail,
42or another person on the defendant's behalf, to
43deposit with the official authorized to take bail
44money an amount equal to the bail amount set in the
45court order; requiring, rather than authorizing, the
46sheriff or other officials to remit to the clerk money
47or bonds received which are to be held by the clerk
48pending court action; requiring that a deposit of bail
49money be receipted in the name of the person making
50such a deposit unless the depositor is a charitable
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51bail fund; requiring a deposit to be receipted in the
52name of the defendant if made by a charitable bail
53fund; deleting a provision stating that consent is
54conclusively presumed for the clerk of the circuit
55court to sell bonds deposited as bail after forfeiture
56of the bond; repealing s. 903.17, F.S., relating to
57substitution of cash bail for other bail; amending s.
58903.21, F.S.; specifying that the surety is exonerated
59of liability on a bond if a specified determination is
60made before forfeiture of the bond; revising the
61definition of the term "costs and expenses"; amending
62s. 903.26, F.S.; requiring that a signed certification
63containing certain information must accompany or be
64included with a specified notice; deleting a
65requirement that municipal officials having custody of
66forfeited money deposit such money in a designated
67municipal fund within 60 days after the forfeiture
68notice has been mailed or electronically transmitted;
69deleting certain requirements that must be met when
70bonds are forfeited; revising the circumstances under
71which the court is required to discharge a forfeiture
72within a specified timeframe; requiring the sheriff to
73enter the information of a defendant in the National
74Crime Information Center database for each felony
75warrant that a court issues for failure to appear;
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76specifying circumstances under which the clerk must
77discharge a forfeiture and issue a certain notice to
78the surety without further order of the court;
79amending s. 903.27, F.S.; requiring the clerk of the
80circuit court to enter a certain judgment if the
81forfeiture is not paid or discharged by order of a
82court of competent jurisdiction within 60 days after
83the forfeiture notice has been mailed or
84electronically transmitted; reducing the number of
85days within which the clerk must furnish specified
86information to the Department of Financial Services,
87the Office of Insurance Regulation of the Financial
88Services Commission, and the surety company at its
89home office; amending s. 903.28, F.S.; increasing the
90amount of time within which a court must order
91remission of a forfeiture if it determines that there
92was no breach of the bond by the surety; requiring a
93court, in certain circumstances and upon a certain
94motion, to order remission in accordance with
95specified provisions if a defendant surrenders, is
96deceased, or is apprehended within a certain time
97after forfeiture; deleting provisions relating to the
98ordering of remission under specified circumstances;
99decreasing the amount of time for which the clerk of
100the circuit court and the state attorney must be given
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101notice before a certain hearing and be furnished with
102copies of certain documents; requiring the clerk of
103the circuit court to issue a remission in a specified
104manner; providing for accrual of interest if remission
105is not issued within such timeframe; providing that
106the court may order remission of the forfeiture in
107certain circumstances; amending s. 903.29, F.S.;
108increasing the length of time from the date of
109forfeiture of a bond within which a surety may arrest
110the principal; amending s. 903.31, F.S.; revising
111provisions relating to the ordering of a bond
112cancellation; revising applicability; defining the
113term "revoked"; specifying that the original
114appearance bond does not guarantee a sentencing
115deferral, a delayed sentencing, or an appearance after
116entering a plea agreement; specifying that the clerk
117of the court does not have standing to object to a
118reinstatement of a bond; repealing s. 903.36, F.S.,
119relating to guaranteed arrest bond certificates as
120cash bail; reenacting and amending s. 907.041, F.S.;
121requiring that a certain pretrial release service
122certification be made in writing before the defendant
123is released from custody; revising the definition of
124the term "dangerous crime"; specifying a circumstance
125in which the state attorney or the court is not
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126required to move for pretrial detention if a defendant
127is arrested for certain dangerous crimes; reenacting
128s. 626.2816(2) and (3), F.S., relating to regulation
129of continuing education for licensees, course
130providers, instructors, school officials, and monitor
131groups, to incorporate the amendment made to s.
132648.386, F.S., in references thereto; reenacting s.
133903.047(1)(c), F.S., relating to conditions of
134pretrial release, to incorporate the amendment made to
135s. 903.046, F.S., in a reference thereto; reenacting
136s. 903.286(2), F.S., relating to cash bond forms, to
137incorporate the amendment made to s. 903.09, F.S., in
138a reference thereto; providing an effective date.
139
140    Be It Enacted by the Legislature of the State of Florida:
141
142Section 1.  Subsection (12) is added to section 648.25,
143    Florida Statutes, to read:
144648.25        Definitions.—As used in this chapter, the term:
145(12)        "Virtual office" means an office that does not
146    provide a continuous physical office space and provides
147    professional address and mail handling services and which may,
148    upon request, provide communications and telephone services or a
149    dedicated office space.
150Section 2.  Subsection (1) and paragraph (a) of subsection
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151    (2) of section 648.386, Florida Statutes, are amended to read:
152648.386       Qualifications for prelicensing and continuing
153    education schools and instructors.—
154(1)     DEFINITIONS DEFINITION OF "CLASSROOM INSTRUCTION".—As
155    used in this section, the terms: term
156(a)     "Classroom instruction" means a course designed to be
157    presented to a group of students by a live instructor using
158    lecture, video, webcast, or virtual or other audio-video
159    presentation.
160(b)     "In-person classroom instruction" means a course
161    designed to be presented to a group of students by a live
162    instructor using lecture, with the instructor and students in
163    the same physical classroom at the same time.
164(2)     SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In
165    order to be considered for approval and certification as an
166    approved limited surety agent and professional bail bond agent
167    prelicensing school, such entity must:
168(a)1.       Offer a minimum of two 80-hour in-person 120-hour
169    classroom-instruction basic certification courses in the
170    criminal justice system per calendar year unless a reduced
171    number of course offerings per calendar year is warranted in
172    accordance with rules adopted promulgated by the department; or
1732.      Offer a department-approved correspondence course
174    pursuant to department rules.
175Section 3.  Paragraph (j) of subsection (1) and subsection
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176    (4) of section 648.44, Florida Statutes, are amended to read:
177648.44       Prohibitions; penalty.—
178(1)     A bail bond agent or bail bond agency may not:
179(j)     Accept anything of value from a principal for
180    providing a bail bond aside from except the premium, a credit
181    card merchant processing fee, a mobile payment services fee or
182    similar charge which must be separate from and not considered
183    premium, and a transfer fee authorized by the office, except
184    that the bail bond agent or bail bond agency may accept
185    collateral security or other indemnity from the principal or
186    another person in accordance with s. 648.442, together with
187    documentary stamp taxes, if applicable. No fees, expenses, or
188    charges of any kind shall be permitted to be deducted from the
189    collateral held or any return premium due, except as authorized
190    by this chapter or rule of the department or commission. Upon
191    written agreement with another party, a bail bond agent or bail
192    bond agency may, upon written agreement with another party,
193    receive a fee or compensation for returning to custody an
194    individual who has fled the jurisdiction of the court or caused
195    the forfeiture of a bond.
196(4)     A place of business, including a branch office, may
197    not be established, opened, or maintained unless it is under the
198    active full-time charge of a licensed and appointed bail bond
199    agent. A virtual office is prohibited.
200Section 4.  Subsection (2) of section 903.011, Florida
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201    Statutes, is amended to read:
202903.011       Pretrial release; general terms; statewide uniform
203    bond schedule.—
204(2)     Any monetary or cash component of any form of pretrial
205    release must may be met by a surety bond or by United States
206    currency, a United States postal money order, or a cashier's
207    check in the amount of the bond.
208Section 5.  Paragraph (d) of subsection (2) of section
209    903.046, Florida Statutes, is amended to read:
210903.046       Purpose of and criteria for bail determination.—
211(2)     When determining whether to release a defendant on
212    bail or other conditions, and what that bail or those conditions
213    may be, the court shall consider:
214(d)     The defendant's past and present conduct, including
215    any record of convictions, previous flight to avoid prosecution,
216    or failure to appear at court proceedings. However, any
217    defendant who had failed to appear on the day of any required
218    court proceeding in the case at issue, but who had later
219    voluntarily appeared or surrendered, is not shall not be
220    eligible for a recognizance bond; and any defendant who failed
221    to appear on the day of any required court proceeding in the
222    case at issue and who was later arrested is not shall not be
223    eligible for a recognizance bond or for any form of bond which
224    does not require the greater of a monetary undertaking or
225    commitment equal to or greater than $2,000 or twice the value of
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226    the monetary commitment or undertaking of the original bond,
227    whichever is greater. Notwithstanding anything in this section,
228    the court has discretion in determining conditions of release if
229    the defendant proves circumstances beyond his or her control for
230    the failure to appear. A surety bond that has been revoked may
231    not be reinstated without the written authorization from the
232    bail bond agent, bail bond agency, or surety. This section may
233    not be construed as imposing additional duties or obligations on
234    a governmental entity related to monetary bonds.
235Section 6.  Section 903.0471, Florida Statutes, is amended
236    to read:
237903.0471  Violation of condition of pretrial release.—
238    Notwithstanding s. 907.041, a court may, on its own motion,
239    revoke pretrial release and order pretrial detention if the
240    court finds probable cause to believe that the defendant
241    committed a new crime while on pretrial release or violated any
242    other condition of pretrial release in a material respect. Upon
243    entry of such an order to revoke pretrial release and order
244    pretrial detention, other than for a failure to appear, the
245    clerk of the court must discharge any bond previously posted as
246    a condition of pretrial release without further order of the
247    court.
248Section 7.  Section 903.05, Florida Statutes, is amended to
249    read:
250903.05       Qualification of sureties.—A surety for the release
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251    of a person on bail, other than a company authorized by law to
252    act as a surety, shall be a resident of the state or own real
253    estate within the state.
254Section 8.  Section 903.08, Florida Statutes, is repealed.
255Section 9.  Subsection (1) of section 903.09, Florida
256    Statutes, is amended to read:
257903.09       Justification of sureties.—
258(1)     A surety, other than a bail bond agent as defined in
259    s. 648.25, shall justify his or her suretyship by attaching to
260    the bond United States currency, a United States postal money
261    order, or a cashier's check in the amount of the bond; however,
262    the United States currency, United States postal money order, or
263    cashier's check may not be used to secure more than one bond
264    execute an affidavit stating that she or he possesses the
265    qualifications and net worth required to become a surety. The
266    affidavit shall describe the surety's property and any
267    encumbrances and shall state the number and amount of any bonds
268    entered into by the surety at any court that remain
269    undischarged.
270Section 10.  Section 903.101, Florida Statutes, is amended
271    to read:
272903.101       Sureties; licensed persons; to have equal access.—
273    Subject to rules adopted by the Department of Financial Services
274    and by the Financial Services Commission, every surety who meets
275    the requirements of s. 903.09 ss. 903.05, 903.06, 903.08, and
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276    903.09, and every person who is currently licensed by the
277    Department of Financial Services and registered as required by
278    s. 648.42 must shall have equal access to the jails of this
279    state for the purpose of making bonds.
280Section 11.  Section 903.16, Florida Statutes, is amended
281    to read:
282903.16       Deposit of money or bonds as bail.—
283(1)     A defendant who has been admitted to bail, or another
284    person in the defendant's behalf, may deposit with the official
285    authorized to take bail money an amount equal to the bail amount
286    set in the court order or nonregistered bonds of the United
287    States, the state, or a city, town, or county in the state,
288    equal in market value to the amount set in the order and the
289    personal bond of the defendant and an undertaking by the
290    depositor if the money or bonds are deposited by another. The
291    sheriff or other officials shall may remit money or bonds
292    received to the clerk to be held by the clerk pending court
293    action or return to the defendant or depositor. The clerk shall
294    accept money or bonds remitted by the sheriff.
295(2)     A deposit under subsection (1) must be receipted in
296    the name of the person making the deposit unless such deposit is
297    made by a charitable bail fund registered as a nonprofit
298    organization under s. 501(c)(3) of the United States Internal
299    Revenue Code. If the deposit is made by a charitable bail fund,
300    the deposit must be receipted in the name of the defendant.
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301(2)      Consent is conclusively presumed for the clerk of the
302    circuit court to sell bonds deposited as bail after forfeiture
303    of the bond.
304Section 12.  Section 903.17, Florida Statutes, is repealed.
305Section 13.  Subsection (3) of section 903.21, Florida
306    Statutes, is amended to read:
307903.21       Method of surrender; exoneration of obligors.—
308(3)(a)       The surety shall be exonerated of liability on the
309    bond if it is determined before forfeiture breach of the bond
310    that the defendant is in any jail or prison and the surety
311    agrees in writing to pay the costs and expenses incurred in
312    returning the defendant to the jurisdiction of the court. A
313    surety is only responsible for the itemized costs and expenses
314    incurred for the transport of a defendant to whom he or she has
315    a fiduciary duty and is not liable for the costs and expenses
316    incurred in transporting any other defendant.
317(b)     As used in For purposes of this subsection, the term:
3181.      "Costs and expenses" means the prorated salary of any
319    law enforcement officer or employee of a contracted
320    transportation company as well as the actual expenses of
321    transporting each defendant, which may only consist of mileage,
322    vehicle expenses, meals, and, if necessary, overnight lodging
323    for any law enforcement officer or employee of a contracted
324    transportation company and the defendant.
3252.      "Jurisdiction" means the county from which the
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326    defendant was released on bail.
327Section 14.  Section 903.26, Florida Statutes, is amended
328    to read:
329903.26       Forfeiture of the bond; when and how directed;
330    discharge; how and when made; effect of payment.—
331(1)     A bail bond may shall not be forfeited unless:
332(a)     The information, indictment, or affidavit was filed
333    within 6 months after from the date of arrest, and
334(b)     The clerk of the court gave the surety at least 72
335    hours' notice, exclusive of Saturdays, Sundays, and holidays,
336    before the time of the required appearance of the defendant.
337    Notice is shall not be necessary if the time for appearance is
338    within 72 hours after from the time of arrest, or if the time is
339    stated on the bond. Such notice may be mailed or electronically
340    transmitted. A certification signed by the clerk of the court or
341    the clerk's designee that the notice required under this
342    paragraph was mailed or electronically transmitted on a specific
343    date must accompany or be included on the required notice.
344(2)(a)       If there is a failure of the defendant to appear as
345    required, the court must shall declare the bond and any bonds or
346    money deposited as bail forfeited. The clerk of the court shall
347    mail or electronically transmit a notice to the surety agent,
348    bail bond agency, and surety company within 5 days after the
349    forfeiture. A certificate signed by the clerk of the court or
350    the clerk's designee which certifies, certifying that the notice
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351    required under this section herein was mailed or electronically
352    transmitted on a specified date and which is accompanied by a
353    copy of the required notice constitutes, shall constitute
354    sufficient proof that such mailing or electronic transmission
355    was properly accomplished as required in this paragraph
356    indicated therein. If such mailing or electronic transmission
357    was properly accomplished as evidenced by such certificate, the
358    failure of the surety agent, a bail bond agency, of a company,
359    or of a defendant to receive such notice does shall not
360    constitute a defense to such forfeiture and may shall not be
361    grounds for discharge, remission, reduction, set aside, or
362    continuance of such forfeiture. The forfeiture must shall be
363    paid within 60 days after the date the notice was mailed or
364    electronically transmitted.
365(b)     If Failure of the defendant fails to appear at the
366    time, date, and place of required appearance, shall result in
367    forfeiture of the bond is forfeited. Such forfeiture must shall
368    be automatically entered by the clerk upon such failure to
369    appear, and the clerk shall follow the procedures in paragraph
370    (a). However, the court may determine, in its discretion and, in
371    the interest of justice, that an appearance by the defendant on
372    the same day as required day does not warrant forfeiture of the
373    bond; and the court may direct the clerk to set aside any such
374    forfeiture which may have been entered. Any appearance by the
375    defendant later than the required day constitutes forfeiture of
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376    the bond, and the court may shall not preclude entry of such
377    forfeiture by the clerk.
378(c)     If there is a forfeiture of the bond, the clerk must
379    shall provide, upon request, a certified copy of the warrant or
380    capias to the bail bond agent or surety company.
381(3)     Sixty days after the forfeiture notice has been mailed
382    or electronically transmitted:
383(a)     State and county officials having custody of forfeited
384    money shall deposit the money in the fine and forfeiture fund
385    established pursuant to s. 142.01.
386(b)     Municipal officials having custody of forfeited money
387    shall deposit the money in a designated municipal fund.
388(b)(c)       Officials having custody of bonds as authorized by
389    s. 903.16 shall transmit the bonds to the clerk of the circuit
390    court who shall sell them at market value and disburse the
391    proceeds as provided in paragraph (a) paragraphs (a) and (b).
392(4)(a)       When a bond is forfeited, the clerk shall transmit
393    the bond and any affidavits to the clerk of the circuit court in
394    which the bond and affidavits are filed. The clerk of the
395    circuit court shall record the forfeiture in the deed or
396    official records book. If the undertakings and affidavits
397    describe real property in another county, the clerk shall
398    transmit the bond and affidavits to the clerk of the circuit
399    court of the county where the property is located who shall
400    record and return them.
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401(b)     The bond and affidavits shall be a lien on the real
402    property they describe from the time of recording in the county
403    where the property is located for 2 years or until the final
404    determination of an action instituted thereon within a 2-year
405    period. If an action is not instituted within 2 years from the
406    date of recording, the lien shall be discharged. The lien will
407    be discharged 2 years after the recording even if an action was
408    instituted within 2 years unless a lis pendens notice is
409    recorded in the action.
410(4)(5)       The court shall discharge a forfeiture within 60
411    days after the forfeiture notice was mailed or electronically
412    transmitted upon any of the following:
413(a)     A determination that, due to circumstances beyond the
414    defendant's control, it was impossible for the defendant to
415    appear as required or within 60 days after the date of the
416    required appearance due to circumstances beyond the defendant's
417    control. The potential adverse economic consequences of
418    appearing as required may not be considered as constituting a
419    ground for such a determination.;
420(b)     A determination that, at the time of the required
421    appearance or within 60 days after the date of the required
422    appearance, the defendant was confined in an institution or
423    hospital; was confined in any county, state, federal, or
424    immigration detention facility; was deported; or is deceased.;
425(c)     Surrender or arrest of the defendant at the time of
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426    the required appearance or within 60 days after the date of the
427    required appearance in any county, state, or federal jail or
428    prison and upon a hold being placed to return the defendant to
429    the jurisdiction of the court. The court shall condition a
430    discharge or remission on the payment of costs and the expenses
431    as provided in s. 903.21(3), incurred by an official in
432    returning the defendant to the jurisdiction of the court.; or
433(d)     A determination that the state is unwilling to seek
434    extradition of the fugitive defendant within 10 30 days after a
435    written request by the surety agent to do so, and contingent
436    upon the surety agent's consent to pay all costs and the
437    expenses incurred by an official in returning the defendant to
438    the jurisdiction of the court, as provided in s. 903.21(3), up
439    to the penal amount of the bond.
440(5)     For each felony warrant that a court issues for a
441    failure to appear in court, the sheriff shall enter the
442    information of the defendant in the National Crime Information
443    Center database with no restrictions until the defendant is
444    returned to the jurisdiction of the court.
445(6)     The discharge of a forfeiture may shall not be ordered
446    for any reason other than as specified herein.
447(7)     The payment by a surety of a forfeiture under this law
448    has shall have the same effect on the bond as payment of a
449    judgment.
450(8)     If the defendant is arrested and returned to the
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451    county of jurisdiction of the court or has posted a new bond for
452    the case at issue before judgment, the clerk must, upon
453    affirmation by the sheriff or the chief correctional officer
454    and, shall, without further hearing or order of the court,
455    discharge the forfeiture of the bond. However, if the surety
456    agent fails to pay the costs and expenses incurred in returning
457    the defendant to the county of jurisdiction, the clerk may shall
458    not discharge the forfeiture of the bond. If the surety agent
459    and the sheriff fail to agree on the amount of such said costs,
460    then the court, after notice to the sheriff and the state
461    attorney, must shall determine the amount of the costs.
462(9)     If, after forfeiture of a bond, the criminal charges
463    for which the bond guaranteed appearance are resolved,
464    adjudicated, or otherwise disposed of by any action of the court
465    or state, the clerk must discharge the forfeiture and issue such
466    notice to the surety without further order of the court. If such
467    resolution or disposition occurs after payment of a forfeiture
468    or judgment, remission must be granted upon proper motion and as
469    specified under s. 903.28.
470Section 15.  Section 903.27, Florida Statutes, is amended
471    to read:
472903.27       Forfeiture to judgment.—
473(1)     If the forfeiture is not paid or discharged by order
474    of a court of competent jurisdiction within 60 days after the
475    forfeiture notice has been mailed or electronically transmitted
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476    and the bond is secured other than by money and bonds authorized
477    in s. 903.16, the clerk of the circuit court for the county
478    where the order was made must shall enter a judgment against the
479    surety for the amount of the penalty and issue execution.
480    However, in any case in which the bond forfeiture has been
481    discharged by the court of competent jurisdiction conditioned
482    upon the payment by the surety of certain costs or fees as
483    allowed by statute, the amount for which judgment may be entered
484    may not exceed the amount of the unpaid fees or costs upon which
485    the discharge had been conditioned. Judgment for the full amount
486    of the forfeiture may shall not be entered if payment of a
487    lesser amount will satisfy the conditions to discharge the
488    forfeiture. Within 5 10 days, the clerk shall furnish the
489    Department of Financial Services and the Office of Insurance
490    Regulation of the Financial Services Commission with a certified
491    copy of the judgment docket and shall furnish the surety company
492    at its home office a copy of the judgment, which shall include
493    the power of attorney number of the bond and the name of the
494    executing agent. If the judgment is not paid within 35 days, the
495    clerk must shall furnish the Department of Financial Services,
496    the Office of Insurance Regulation, and the sheriff of the
497    county in which the bond was executed, or the official
498    responsible for operation of the county jail, if that official
499    is not other than the sheriff, two copies of the judgment and a
500    certificate stating that the judgment remains unsatisfied. When
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501    and if the judgment is properly paid or an order to vacate the
502    judgment has been entered by a court of competent jurisdiction,
503    the clerk shall immediately notify the sheriff, or other such
504    the official responsible for the operation of the county jail,
505    if other than the sheriff, and, if they have been previously
506    notified of nonpayment, the Department of Financial Services and
507    the Office of Insurance Regulation, if the department and office
508    had been previously notified of nonpayment, of such payment or
509    order to vacate the judgment. The clerk may furnish documents or
510    give notice as required in this subsection by mail or electronic
511    means. The clerk shall also immediately prepare and record in
512    the public records a satisfaction of the judgment or record the
513    order to vacate judgment. If the defendant is returned to the
514    county of jurisdiction of the court, whenever a motion to set
515    aside the judgment is filed, the operation of this section is
516    tolled until the court makes a disposition of the motion.
517(2)     A certificate signed by the clerk of the court or her
518    or his designee which certifies, certifying that the notice
519    required in subsection (1) was mailed or electronically
520    delivered on a specified date, and is accompanied by a copy of
521    the required notice constitutes sufficient proof that such
522    mailing or electronic delivery was properly accomplished as
523    required in this subsection indicated therein. If such mailing
524    or electronic delivery was properly accomplished as evidenced by
525    such certificate, the failure of a company to receive a copy of
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526    the judgment as prescribed in subsection (1) does not constitute
527    a defense to the forfeiture and is not a ground for the
528    discharge, remission, reduction, set aside, or continuance of
529    such forfeiture.
530(3)     Surety bail bonds may not be executed by a bail bond
531    agent or a bail bond agency against whom a judgment has been
532    entered which has remained unpaid for 35 days and may not be
533    executed for a company against whom a judgment has been entered
534    which has remained unpaid for 50 days. A No sheriff or other
535    official who is empowered to accept or approve surety bail bonds
536    may not shall accept or approve such a bond executed by such a
537    bail bond agent or bail bond agency or executed for such a
538    company until such judgment has been paid.
539(4)     After notice of judgment against the surety given by
540    the clerk of the circuit court, the surety, a bail bond agency,
541    or a bail bond agent shall, within 35 days after of the entry of
542    judgment, submit to the clerk of the circuit court an amount
543    equal to the judgment, unless the judgment has been set aside by
544    the court within 35 days after of the entry of the judgment. If
545    a motion to set aside the judgment has been filed pursuant to
546    subsection (5), the amount submitted must shall be held in
547    escrow until such time as the court has disposed of the motion.
548    The failure to comply with the provisions of this subsection
549    constitutes a failure to pay the judgment.
550(5)     After notice of judgment against the surety given by
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551    the clerk of the circuit court, the surety, bail bond agency, or
552    bail bond agent may within 35 days file a motion to set aside
553    the judgment or to stay the judgment. It shall be a condition of
554    Any such motion or and of any order to stay the judgment must be
555    conditioned on payment by that the surety of pay the amount of
556    the judgment to the clerk, which amount must shall be held in
557    escrow until such time as the court has disposed of the motion
558    to set aside the judgment. The filing of such a motion, when
559    accompanied by the required escrow deposit, acts shall act as an
560    automatic stay of further proceedings, including execution,
561    until the motion has been heard and a decision rendered by the
562    court.
563(6)     The failure of a state attorney to file, or of the
564    clerk of the circuit court to make, a certified copy of the
565    order of forfeiture as required by law applicable before prior
566    to July 1, 1982, does shall not invalidate any judgment entered
567    by the clerk before prior to June 12, 1981.
568Section 16.  Section 903.28, Florida Statutes, is amended
569    to read:
570903.28       Remission of forfeiture; conditions.—
571(1)     An application for remission may not be brought, nor
572    be considered by the court, unless such On application is filed
573    within 37 months after 2 years from forfeiture. Upon a timely
574    filed application for remission, the court shall order remission
575    of the forfeiture in accordance with the remission schedule set
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576    forth in subsection (2) if it determines that there was no
577    breach of the bond by the surety.
578(2)     If the defendant surrenders or is apprehended and the
579    surety has paid all costs of returning the defendant to the
580    jurisdiction of the court, if the defendant is deceased, or if
581    the state attorney is unwilling to seek extradition of the
582    defendant from any jail or prison after a request by the surety
583    agent, bail bond agency, or surety company consenting to pay all
584    costs incurred by an official in returning the defendant to the
585    jurisdiction of the court, as provided in s. 903.21(3)(a), up to
586    the penal amount of the bond, within 36 months 90 days after
587    forfeiture, the court, on motion at a hearing upon notice having
588    been given to the clerk of the circuit court and the state
589    attorney as required in subsection (4), must subsection (8),
590    shall direct remission in accordance with the following:
591(a)     One-hundred percent of the forfeiture if the defendant
592    surrenders or is apprehended within 90 days after the forfeiture
593    and the delay has not thwarted proper prosecution of the
594    defendant or if the defendant is deceased or the state is
595    unwilling to seek extradition of the defendant within 90 days
596    after forfeiture.
597(b)     Ninety-five percent of the forfeiture if the defendant
598    surrenders or is apprehended within 180 days after forfeiture
599    and the delay has not thwarted proper prosecution of the
600    defendant or if the defendant is deceased or the state is
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601    unwilling to seek extradition of the defendant within 180 days
602    after forfeiture.
603(c)     Ninety percent of the forfeiture if the defendant
604    surrenders or is apprehended within 270 days after forfeiture
605    and the delay has not thwarted proper prosecution of the
606    defendant or if the defendant is deceased or the state is
607    unwilling to seek extradition of the defendant within 270 days
608    after forfeiture.
609(d)     Eighty-five percent of the forfeiture if the defendant
610    surrenders or is apprehended within 360 days after forfeiture
611    and the delay has not thwarted proper prosecution of the
612    defendant or if the defendant is deceased or the state is
613    unwilling to seek extradition of the defendant within 360 days
614    after forfeiture.
615(e)     Eighty percent of the forfeiture if the defendant
616    surrenders or is apprehended within 450 days after forfeiture
617    and the delay has not thwarted proper prosecution of the
618    defendant or if the defendant is deceased or the state is
619    unwilling to seek extradition of the defendant within 450 days
620    after forfeiture.
621(f)     Seventy-five percent of the forfeiture if the
622    defendant surrenders or is apprehended within 540 days after
623    forfeiture and the delay has not thwarted proper prosecution of
624    the defendant or if the defendant is deceased or the state is
625    unwilling to seek extradition of the defendant within 540 days
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626    after forfeiture.
627(g)     Seventy percent of the forfeiture if the defendant
628    surrenders or is apprehended within 630 days after forfeiture
629    and the delay has not thwarted proper prosecution of the
630    defendant or if the defendant is deceased or the state is
631    unwilling to seek extradition of the defendant within 630 days
632    after forfeiture.
633(h)     Sixty-five percent of the forfeiture if the defendant
634    surrenders or is apprehended within 720 days after forfeiture
635    and the delay has not thwarted proper prosecution of the
636    defendant or if the defendant is deceased or the state is
637    unwilling to seek extradition of the defendant within 720 days
638    after forfeiture.
639(i)     Sixty percent of the forfeiture if the defendant
640    surrenders or is apprehended within 810 days after forfeiture
641    and the delay has not thwarted proper prosecution of the
642    defendant or if the defendant is deceased or the state is
643    unwilling to seek extradition of the defendant within 810 days
644    after forfeiture.
645(j)     Fifty-five percent of the forfeiture if the defendant
646    surrenders or is apprehended within 900 days after forfeiture
647    and the delay has not thwarted proper prosecution of the
648    defendant or if the defendant is deceased or the state is
649    unwilling to seek extradition of the defendant within 900 days
650    after forfeiture.
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651(k)     Fifty percent of the forfeiture if the defendant
652    surrenders or is apprehended within 990 days after forfeiture
653    and the delay has not thwarted proper prosecution of the
654    defendant or if the defendant is deceased or the state is
655    unwilling to seek extradition of the defendant within 990 days
656    after forfeiture.
657(l)     Forty-five percent of the forfeiture if the defendant
658    surrenders or is apprehended within 1,095 days after forfeiture
659    and the delay has not thwarted proper prosecution of the
660    defendant or if the defendant is deceased or the state is
661    unwilling to seek extradition of the defendant within 1,095 days
662    after forfeiture of up to, but not more than, 100 percent of a
663    forfeiture if the surety apprehended and surrendered the
664    defendant or if the apprehension or surrender of the defendant
665    was substantially procured or caused by the surety, or the
666    surety has substantially attempted to procure or cause the
667    apprehension or surrender of the defendant, and the delay has
668    not thwarted the proper prosecution of the defendant. In
669    addition, remission shall be granted when the surety did not
670    substantially participate or attempt to participate in the
671    apprehension or surrender of the defendant when the costs of
672    returning the defendant to the jurisdiction of the court have
673    been deducted from the remission and when the delay has not
674    thwarted the proper prosecution of the defendant.
675(3)     If the defendant surrenders or is apprehended within
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676    180 days after forfeiture, the court, on motion at a hearing
677    upon notice having been given to the clerk of the circuit court
678    and the state attorney as required in subsection (8), shall
679    direct remission of up to, but not more than, 95 percent of a
680    forfeiture if the surety apprehended and surrendered the
681    defendant or if the apprehension or surrender of the defendant
682    was substantially procured or caused by the surety, or the
683    surety has substantially attempted to procure or cause the
684    apprehension or surrender of the defendant, and the delay has
685    not thwarted the proper prosecution of the defendant. In
686    addition, remission shall be granted when the surety did not
687    substantially participate or attempt to participate in the
688    apprehension or surrender of the defendant when the costs of
689    returning the defendant to the jurisdiction of the court have
690    been deducted from the remission and when the delay has not
691    thwarted the proper prosecution of the defendant.
692(4)     If the defendant surrenders or is apprehended within
693    270 days after forfeiture, the court, on motion at a hearing
694    upon notice having been given to the clerk of the circuit court
695    and the state attorney as required in subsection (8), shall
696    direct remission of up to, but not more than, 90 percent of a
697    forfeiture if the surety apprehended and surrendered the
698    defendant or if the apprehension or surrender of the defendant
699    was substantially procured or caused by the surety, or the
700    surety has substantially attempted to procure or cause the
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701    apprehension or surrender of the defendant, and the delay has
702    not thwarted the proper prosecution of the defendant. In
703    addition, remission shall be granted when the surety did not
704    substantially participate or attempt to participate in the
705    apprehension or surrender of the defendant when the costs of
706    returning the defendant to the jurisdiction of the court have
707    been deducted from the remission and when the delay has not
708    thwarted the proper prosecution of the defendant.
709(5)     If the defendant surrenders or is apprehended within 1
710    year after forfeiture, the court, on motion at a hearing upon
711    notice having been given to the clerk of the circuit court and
712    the state attorney as required in subsection (8), shall direct
713    remission of up to, but not more than, 85 percent of a
714    forfeiture if the surety apprehended and surrendered the
715    defendant or if the apprehension or surrender of the defendant
716    was substantially procured or caused by the surety, or the
717    surety has substantially attempted to procure or cause the
718    apprehension or surrender of the defendant, and the delay has
719    not thwarted the proper prosecution of the defendant. In
720    addition, remission shall be granted when the surety did not
721    substantially participate or attempt to participate in the
722    apprehension or surrender of the defendant when the costs of
723    returning the defendant to the jurisdiction of the court have
724    been deducted from the remission and when the delay has not
725    thwarted the proper prosecution of the defendant.
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726(6)     If the defendant surrenders or is apprehended within 2
727    years after forfeiture, the court, on motion at a hearing upon
728    notice having been given to the clerk of the circuit court and
729    the state attorney as required in subsection (8), shall direct
730    remission of up to, but not more than, 50 percent of a
731    forfeiture if the surety apprehended and surrendered the
732    defendant or if the apprehension or surrender of the defendant
733    was substantially procured or caused by the surety, or the
734    surety has substantially attempted to procure or cause the
735    apprehension or surrender of the defendant, and the delay has
736    not thwarted the proper prosecution of the defendant. In
737    addition, remission shall be granted when the surety did not
738    substantially participate or attempt to participate in the
739    apprehension or surrender of the defendant when the costs of
740    returning the defendant to the jurisdiction of the court have
741    been deducted from the remission and when the delay has not
742    thwarted the proper prosecution of the defendant.
743(3)(7)       The remission of a forfeiture may not be ordered
744    for any reason other than as specified in this section herein.
745(4)(8)       An application for remission must be accompanied by
746    affidavits setting forth the facts on which it is founded;
747    however, the surety must establish by further documentation or
748    other evidence any claimed attempt at procuring or causing the
749    apprehension or surrender of the defendant before the court may
750    order remission based upon an attempt to procure or cause such
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751    apprehension or surrender. The clerk of the circuit court and
752    the state attorney must be given 10 20 days' notice before a
753    hearing on an application and be furnished copies of all papers,
754    applications, and affidavits. Remission must shall be granted on
755    the condition of payment of costs, as provided in s.
756    903.21(3)(a), unless the ground for remission is that there was
757    no breach of the bond.
758(5)(9)       The clerk of the circuit court may enter into a
759    contract with a private attorney or into an interagency
760    agreement with a governmental agency to represent the clerk of
761    the court in an action for the remission of a forfeiture under
762    this section.
763(6)(10)       The clerk of the circuit court is the real party
764    in interest for all appeals arising from an action for the
765    remission of a forfeiture under this section.
766(7)     The clerk of the circuit court shall issue a remission
767    in accordance with s. 218.74(4) after entry of a court order
768    directing remission.
769(8)     If the defendant surrenders or is apprehended and the
770    surety has not paid all costs of returning the defendant to the
771    jurisdiction of court, the court may order remission of the
772    forfeiture in accordance with subsection (2) if the actual costs
773    of returning the defendant to the jurisdiction of the court have
774    been deducted from the remission.
775Section 17.  Section 903.29, Florida Statutes, is amended
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776    to read:
777903.29       Arrest of principal by surety after forfeiture.—
778    Within 3 2 years from the date of forfeiture of a bond, the
779    surety may arrest the principal for the purpose of surrendering
780    the principal to the official in whose custody she or he was at
781    the time bail was taken or in whose custody the principal would
782    have been placed had she or he been committed.
783Section 18.  Subsections (1) and (2) of section 903.31,
784    Florida Statutes, are amended to read:
785903.31       Canceling the bond.—
786(1)     Within 10 business days after the conditions of a bond
787    have been satisfied or the forfeiture discharged or remitted,
788    the court must shall order the bond canceled and, if the surety
789    has attached a certificate of cancellation to the original bond,
790    the clerk of the court must shall mail or electronically furnish
791    an executed certificate of cancellation to the surety without
792    cost. The clerk of the court shall discharge the bond upon an
793    adjudication of guilt or innocence or an acquittal, or if a
794    period of 36 months has passed since the original bond was
795    posted., or A withholding of an adjudication of guilt, a finding
796    of guilt by a jury, or a no action by the state satisfies shall
797    satisfy the conditions of the bond. If the bond has been revoked
798    by the court, other than for a failure to appear, the clerk of
799    the court must discharge or cancel the bond. The original
800    appearance bond expires shall expire 36 months after such bond
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801    has been posted for the release of the defendant from custody,
802    at which time the clerk of the court must discharge the bond.
803    This subsection does not apply to cases in which a bond has been
804    declared forfeited before the 36-month expiration, unless the
805    forfeiture was set aside or discharged. As used in this
806    subsection, the term "revoked" means that an act, a statement, a
807    document, or a promise has been annulled or canceled.
808(2)     The original appearance bond does not guarantee a
809    deferred sentence; a sentencing deferral; a delayed sentencing;
810    an appearance after entering a plea agreement; an appearance
811    during or after a presentence investigation; an appearance
812    during or after appeals; conduct during or appearance after
813    admission to a pretrial intervention program; placement in a
814    court-ordered program, including a residential mental health
815    facility; payment of fines; or attendance at educational or
816    rehabilitation facilities the court otherwise provides in the
817    judgment. If the original appearance bond has been forfeited or
818    revoked, it may the bond shall not be reinstated without
819    approval from the surety on the original bond. The clerk of the
820    court does not have standing to object to a motion to reinstate
821    bond under this subsection.
822Section 19.  Section 903.36, Florida Statutes, is repealed.
823Section 20.  Paragraph (b) of subsection (3) and paragraphs
824    (a) and (d) of subsection (5) of section 907.041, Florida
825    Statutes, are amended, and paragraph (c) of subsection (5) of
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826    that section is reenacted, to read:
827907.041       Pretrial detention and release.—
828(3)      RELEASE ON NONMONETARY CONDITIONS.—
829(b)     A No person may not shall be released on nonmonetary
830    conditions under the supervision of a pretrial release service,
831    unless the service certifies in writing to the court, before the
832    defendant is released from custody, that it has investigated or
833    otherwise verified:
8341.      The circumstances of the accused's family, employment,
835    financial resources, character, mental condition, immigration
836    status, and length of residence in the community;
8372.      The accused's record of convictions, of appearances at
838    court proceedings, of flight to avoid prosecution, or of failure
839    to appear at court proceedings; and
8403.      Other facts necessary to assist the court in its
841    determination of the indigency of the accused and whether she or
842    he should be released under the supervision of the service.
843(5)      PRETRIAL DETENTION.—
844(a)      As used in this subsection, "dangerous crime" means
845    any of the following:
8461.      Arson.;
8472.      Aggravated assault.;
8483.      Aggravated battery.;
8494.      Illegal use of explosives.;
8505.      Child abuse or aggravated child abuse.;
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8516.      Abuse of an elderly person or disabled adult, or
852    aggravated abuse of an elderly person or disabled adult.;
8537.      Aircraft piracy.;
8548.      Kidnapping.;
8559.      Homicide.;
85610.      Manslaughter, including DUI manslaughter and BUI
857    manslaughter.;
85811.      Sexual battery.;
85912.      Robbery.;
86013.      Carjacking.;
86114.      Lewd, lascivious, or indecent assault or act upon or
862    in presence of a child under the age of 16 years.;
86315.      Sexual activity with a child, who is 12 years of age
864    or older but less than 18 years of age, by or at solicitation of
865    person in familial or custodial authority.;
86616.     Burglary of a dwelling.;
86717.      Stalking and aggravated stalking.;
86818.      Act of domestic violence as defined in s. 741.28.;
86919.      Home invasion robbery.;
87020.      Act of terrorism as defined in s. 775.30.;
87121.      Manufacturing any substances in violation of chapter
872    893.;
87322.      Attempting or conspiring to commit any such crime.;
87423.      Human trafficking.;
87524.      Trafficking in any controlled substance described in
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876    s. 893.135(1)(c)4.;
87725.      Extortion in violation of s. 836.05.; and
87826.      Written threats to kill in violation of s. 836.10.
87927.      Driving under the influence in violation of s.
880    316.193(2)(b)1. or (2)(b)3.
88128.      Felony battery.
88229.      Battery by strangulation.
88330.      Burglary in violation of s. 810.02(2).
884(c)      Upon motion by the state attorney, the court may order
885    pretrial detention if it finds a substantial probability, based
886    on a defendant's past and present patterns of behavior, the
887    criteria in s. 903.046, and any other relevant facts, that any
888    of the following circumstances exist:
8891.      The defendant has previously violated conditions of
890    release and that no further conditions of release are reasonably
891    likely to assure the defendant's appearance at subsequent
892    proceedings;
8932.      The defendant, with the intent to obstruct the judicial
894    process, has threatened, intimidated, or injured any victim,
895    potential witness, juror, or judicial officer, or has attempted
896    or conspired to do so, and that no condition of release will
897    reasonably prevent the obstruction of the judicial process;
8983.      The defendant is charged with trafficking in controlled
899    substances as defined by s. 893.135, that there is a substantial
900    probability that the defendant has committed the offense, and
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901    that no conditions of release will reasonably assure the
902    defendant's appearance at subsequent criminal proceedings;
9034.      The defendant is charged with DUI manslaughter, as
904    defined by s. 316.193, and that there is a substantial
905    probability that the defendant committed the crime and that the
906    defendant poses a threat of harm to the community; conditions
907    that would support a finding by the court pursuant to this
908    subparagraph that the defendant poses a threat of harm to the
909    community include, but are not limited to, any of the following:
910a.      The defendant has previously been convicted of any
911    crime under s. 316.193, or of any crime in any other state or
912    territory of the United States that is substantially similar to
913    any crime under s. 316.193;
914b.      The defendant was driving with a suspended driver
915    license when the charged crime was committed; or
916c.      The defendant has previously been found guilty of, or
917    has had adjudication of guilt withheld for, driving while the
918    defendant's driver license was suspended or revoked in violation
919    of s. 322.34;
9205.      The defendant poses the threat of harm to the
921    community. The court may so conclude, if it finds that the
922    defendant is presently charged with a dangerous crime, that
923    there is a substantial probability that the defendant committed
924    such crime, that the factual circumstances of the crime indicate
925    a disregard for the safety of the community, and that there are
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926    no conditions of release reasonably sufficient to protect the
927    community from the risk of physical harm to persons;
9286.      The defendant was on probation, parole, or other
929    release pending completion of sentence or on pretrial release
930    for a dangerous crime at the time the current offense was
931    committed;
9327.      The defendant has violated one or more conditions of
933    pretrial release or bond for the offense currently before the
934    court and the violation, in the discretion of the court,
935    supports a finding that no conditions of release can reasonably
936    protect the community from risk of physical harm to persons or
937    assure the presence of the accused at trial; or
9388.a.        The defendant has ever been sentenced pursuant to s.
939    775.082(9) or s. 775.084 as a prison releasee reoffender,
940    habitual violent felony offender, three-time violent felony
941    offender, or violent career criminal, or the state attorney
942    files a notice seeking that the defendant be sentenced pursuant
943    to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
944    habitual violent felony offender, three-time violent felony
945    offender, or violent career criminal;
946b.      There is a substantial probability that the defendant
947    committed the offense; and
948c.      There are no conditions of release that can reasonably
949    protect the community from risk of physical harm or ensure the
950    presence of the accused at trial.
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951(d)     If a defendant is arrested for a dangerous crime that
952    is a capital felony, a life felony, or a felony of the first
953    degree, and the court determines there is probable cause to
954    believe the defendant committed the offense, the state attorney,
955    or the court on its own motion, must move shall motion for
956    pretrial detention unless the defendant is already being held.
957    If the court finds a substantial probability that the defendant
958    committed the offense and, based on the defendant's past and
959    present patterns of behavior, consideration of the criteria in
960    s. 903.046, and any other relevant facts, that no conditions of
961    release or bail will reasonably protect the community from risk
962    of physical harm, ensure the presence of the defendant at trial,
963    or assure the integrity of the judicial process, the court must
964    order pretrial detention.
965Section 21.  For the purpose of incorporating the amendment
966    made by this act to section 648.386, Florida Statutes, in
967    references thereto, subsections (2) and (3) of section 626.2816,
968    Florida Statutes, are reenacted to read:
969626.2816  Regulation of continuing education for licensees,
970    course providers, instructors, school officials, and monitor
971    groups.—
972(2)     The department shall adopt rules establishing
973    standards for the approval, regulation, and operation of the
974    continuing education programs and for the discipline of
975    licensees, course providers, instructors, school officials, and
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976     monitor groups. The standards must be designed to ensure that
977     such course providers, instructors, school officials, and
978     monitor groups have the knowledge, competence, and integrity to
979     fulfill the educational objectives of ss. 626.2815, 626.869,
980     648.385, and 648.386.
981(3)      The department shall adopt rules establishing a
982     process by which compliance with the continuing education
983     requirements of ss. 626.2815, 626.869, 648.385, and 648.386 can
984     be determined, the establishment of a continuing education
985     compliance period for licensees, and forms necessary to
986     implement such a process.
987Section 22.  For the purpose of incorporating the amendment
988     made by this act to section 903.046, Florida Statutes, in a
989     reference thereto, paragraph (c) of subsection (1) of section
990     903.047, Florida Statutes, is reenacted to read:
991903.047       Conditions of pretrial release.—
992(1)      As a condition of pretrial release, whether such
993     release is by surety bail bond or recognizance bond or in some
994     other form, the defendant must:
995(c)     Comply with all conditions of pretrial release imposed
996     by the court. A court must consider s. 903.046(2) when
997     determining whether to impose nonmonetary conditions in addition
998     to or in lieu of monetary bond. Such nonmonetary conditions may
999     include, but are not limited to, requiring a defendant to:
1000  1.      Maintain employment, or, if unemployed, actively seek
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1001      employment.
1002  2.      Maintain or commence an educational program.
1003  3.      Abide by specified restrictions on personal
1004      associations, place of residence, or travel.
1005  4.      Report on a regular basis to a designated law
1006      enforcement agency, pretrial services agency, or other agency.
1007  5.      Comply with a specified curfew.
1008  6.      Refrain from possessing a firearm, destructive device,
1009      or other dangerous weapon.
1010  7.      Refrain from excessive use of alcohol, or any use of a
1011      narcotic drug or other controlled substance without a
1012      prescription from a licensed medical practitioner.
1013  8.      Undergo available medical, psychological, psychiatric,
1014      mental health, or substance abuse evaluation and follow all
1015      recommendations, including treatment for drug or alcohol
1016      dependency, and remain in a specified institution, if required
1017      for that purpose.
1018  9.      Return to custody for specified hours following release
1019      for employment, school, or other limited purposes.
1020  10.      Any other condition that is reasonably necessary to
1021      assure the appearance of the defendant at subsequent proceedings
1022      and to protect the community against unreasonable danger of
1023      harm.
1024  Section 23.  For the purpose of incorporating the amendment
1025      made by this act to section 903.09, Florida Statutes, in a
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1026      reference thereto, subsection (2) of section 903.286, Florida
1027      Statutes, is reenacted to read:
1028  903.286       Return of cash bond; requirement to withhold
1029      unpaid fines, fees, court costs; cash bond forms.—
1030  (2)     All cash bond forms used in conjunction with the
1031      requirements of s. 903.09 must prominently display a notice
1032      explaining that all funds are subject to forfeiture and
1033      withholding by the clerk of the court for the payment of costs
1034      of prosecution, costs of representation as provided by ss. 27.52
1035      and 938.29, court fees, court costs, and criminal penalties on
1036      behalf of the criminal defendant regardless of who posted the
1037      funds.
1038  Section 24.  This act shall take effect July 1, 2026.
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