F.S BAIL Ch.903

Transcription

1 F.S BAIL Ch.903 rate, truthful, and complete without omissions to the best knowledge of the defendant. (b) The failure to comply with the provisions of paragraph (a) may result in the revocation or modification of bail. (2) An application for modification of bail on any felony charge must be heard by a court in person, at a hearing with the defendant present, and with at least 3 hours' notice to the state attorney and the county attorney. (3) Any person who intentionally provides false or misleading material information or intentionally omits material information in connection with an application for bail or for modification of bail is guilty of a misdemeanor or felony which is one degree less than that of the crime charged for which bail is sought, but which in no event is greater than a felony of the third degree, punishable as provided in s or s Hlatory.-s. 39, ch ; s. 41, ch Nature of criminal surety bail bonds.-lt is the public policy of this state and the intent of the Legislature that a criminal surety bail bond, executed by a bail bondsman licensed pursuant to chapter 648 in connection with the pretrial or appellate release of a criminal defendant, shall be construed as a commitment by and an obligation upon the bail bondsman to ensure that the defendant appears at all subsequent criminal proceedings and otherwise fulfills all conditions of the bond. The failure of a defendant to appear at any subsequent criminal proceeding or the breach by the defendant of any other condition of the bond constitutes a breach by the bail bondsman of this commitment and obligation. Hlatory.-s. 40, ch Purpose of and criteria for bail determina tion.- (1) The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. (2) When determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider: (a) The nature and circumstances of the offense charged. (b) The weight of the evidence against the defendant. (c) The defendant's family ties, his length of residence in the community, his employment history, his financial resources, and his mental condition. (d) The defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings. (e) The nature and probability of danger which the defendant's release poses to the community. (f) The source of funds used to post bail. (g) Whether the defendant is already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence (h) The street value of any drug or controlled substance connected to or involved in the criminal charge. It is the finding and intent of the Legislature that crimes involving drugs and other controlled substances are of serious social concern, that the flight of defendants to avoid prosecution is of similar serious social concern, and that frequently such defendants are able to post monetary bail using the proceeds of their unlawful enterprises to defeat the social utility of pretrial bail. Therefore, the courts should carefully consider the utility and necessity of substantial bail in relation to the street value of the drugs or controlled substances involved. (i) Any other facts that the court considers relevant. Hlatory.-s. 41, ch ; s. 42, ch cf.-s Pretrial detention and release Conditions of pretrial release.- (1) As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the court shall require that: (a) The defendant refrain from criminal activity of any kind; and (b) The defendant refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. (2) Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition required by paragraph (1 )(b) if good cause is shown and the interests of justice so require. The victim shall be permitted to be heard at any proceeding in which such modification is considered, and the state attorney shall notify the victim of the provisions of thj.~ subsection and of the pendency of any such proceed1ng. Hlatory.-s. 43, ch ; s. 12, ch Qualification of sureties.-a surety for the release of a person on bail, other than a company authorized by law to act as a surety, shall be a resident of the state or own real estate within the state. Hlatory.-s. 48, ch , 1939; CGL 1940 Supp. 8663(48); s. 21, ch Validity of undertaking by minor.-minors may bind themselves by a bond to secure their release on bail in the same manner as persons sui juris. Hlatory.-s. 49, ch , 1939; CGL 1940 Supp. 8663(49); s. 21, ch Sufficiency of sureties.-the combined net worth of the sureties, exclusive of any other bonds on which they may be principal, or surety and property exempt from execution, shall be at least equal to the amount specified in the undertaking. Hlatory.-s. 51, ch , 1939; CGL 1940 Supp. 8663(51); s. 22, ch Justification of sureties.- (1) A surety shall execute an affidavit stating that he possesses the qualifications and net worth required to become a surety. The affidavit shall describe his property and any encumbrances and shall state the number and amount of any bonds entered into by him at any court that remain undischarged. (2) A bondsman, as defined ins (1), shall justify his suretyship by attaching a copy of the power of attorney issued by the company to the bond or by attaching to the bond United States currency, a United

2 Ch. 903 BAIL F.S States postal money order, or a cashier's check in the amount of the bond; but the United States currency, United States postal money order, or cashier's check cannot be used to secure more than one bond. Hlstory.-s. 52, ch , 1939; CGL 1940 Supp. 8663(52); s. 1, ch ; s. 23, ch ; s. 44, ch cf.-s Perjury not in an official proceeding. s Perjury in official proceedings Sureties; licensed persons; to have equal access.-subject to regulations promulgated by the Department of Insurance, every surety who meets the requirements of ss , , , and , and every person who is currently licensed by the Department of Insurance and registered as required by s shall have equal access to the jails of this state for the purpose of making bonds. Hlstory.-s. 1, ch ; ss. 13, 35, ch ; s. 24, ch ; s. 1, ch Appearance bonds.-any criminal defendant who is required to meet monetary bail or bail with any monetary component may satisfy such bail by providing a surety bond as otherwise provided by law or by providing an appearance bond as follows: (1) Any defendant posting an appearance bond shall apply therefor in writing. Each defendant charged with a felony of the second degree or higher, and each defendant appearing before a court in connection with bail, shall sign the application upon oath in open court. (2) After the application is completed and the quantity and other conditions of the bond are determined as required by law, the defendant may deposit with the clerk of the court before which the action is pending or with the sheriff, if designated by the clerk, a sum of money equal to 10 percent of the bond and any additional collateral for all or part of the remaining portion of the bond as the court may require. (3) Upon depositing such sum and additional collateral and agreeing in writing to all nonmonetary conditions of the bond which the court may require, the defendant shall be released from custody subject to all conditions of release imposed by the court. (4)(a) If the conditions of release have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to the defendant, unless the court orders otherwise, 75 percent of the 10-percent sum deposited, plus any additional required collateral, and shall retain as bail costs 25 percent of the 10-percent sum deposited. At the request of the defendant, the court may order the amount repayable to the defendant from such deposit to be paid to the defendant's attorney of record. (b) Moneys retained by the clerk under this provision shall be disbursed as directed by the county commission for law enforcement, criminal justice, and criminal court operations relating to pretrial release, including, but not limited to, screening, supervision, and apprehension, subject to the following conditions: 1. The clerk must receive a sum equal to actual, demonstrable increased costs, if any, attributable to the implementation of this section. 2. Moneys distributed to the sheriff must be used for increased expenditures in connection with the apprehension of defendants who fail to appear as required (5) If a final judgment for a fine and court costs, or either a fine or court costs, is entered in an action in which a deposit has been made in accordance with this section, the balance of such deposit, after deduction of bail costs as provided for herein, shall be applied to the satisfaction of the judgment. (6) In the event that this section becomes effective, the Supreme Court shall promulgate rules as necessary to implement this section. Hlstory.-s. 47, ch Note.-Effective it and only if chapter expires pursuant to the Regulatory Sunset Act or is otherwise repealed, in which event [this] section shall take effect upon the effective date of such repeal." cf.-s Pretrial detention and release Bail on appeal, revocation; recommission. -If a person admitted to bail on appeal commits and is convicted of a separate felony while free on appeal, the bail on appeal shall be revoked and the defendant committed forthwith. Hlatory.-s. 1, ch Bail on appeal; conditions for granting; appellate review.- (1) No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous. However, in no case shall bail be granted if such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and such person's civil rights have not been restored or if other felony charges are pending against him and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made. (2) An order by a trial court denying bail to a person pursuant to the provisions of subsection (1) may be appealed as a matter of right to an appellate court, and such appeal shall be advanced on the calendar of the appellate court for expeditious review. Hlatory.-s. 1, ch ; s. 1, ch Bail on appeal; prohibited for certain firstdegree felony convictions.-notwithstanding the provisions of s , no person adjudged guilty of a felony of the first degree for a violation of s (2) or (3), s , s (4), s , s , or s shall be admitted to bail pending review either by posttrial motion or appeal. Hlatory.-s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 172, ch Note.-Section 2, ch , repeals Rules 3.130(a) and (a), Florida Rules of Criminal Procedure,. _. to the extent that they are inconsistent with the provisions of..." this section. Section 2, ch , further repeals these rules "insofar as they are inconsistent with the provisions or this section as amended by s. 1 of ch Contracts to indemnify sureties.- (1) A surety shall file with the bond an affidavit stating the amount and source of any security or consideration which he or anyone for his use has received or been promised for the bond. (2) A surety may maintain an action against the indemnitor only on agreements set forth in the affidavit. In an action by the indemnitor to recover security or collateral, the surety shall have the right to retain only the security or collateral stated in the affidavit.

3 F.S BAIL Ch. 903 (3) A limited surety or licensed bondsman may file a statement in lieu of the affidavit required in subsection (1 ). Such statement must be filed within 30 days from the execution of the undertaking. History.-s. 57, ch , 1939; CGL 1940 Supp. 8663(57); s. 1, ch ; s. 1, ch ; s. 25, ch cf.-s Perjury not in an official proceeding. s Perjury in official proceedings Deposit of money or bonds as bail.- (1) A defendant who has been admitted to bail, or another person in his behalf, may deposit with the offi cial authorized to take bail money or nonregistered bonds of the United States, the state, or a city, town, or county in the state, equal in market value to the amount set in the order and the personal bond of the defendant and an undertaking by the depositor if the money or bonds are deposited by another. (2) Consent is conclusively presumed for the clerk of the circuit court to sell bonds deposited as bail after forfeiture of the bond. Hlstory.-s. 59, ch , 1939; CGL 1940 Supp. 8663(59); s. 1, ch ; s. 26, ch Substitution of cash bail for other baii. When bail other than a deposit of money or bonds has been given, the defendant or the surety may deposit money or bonds as provided in s and have the original bond canceled. Hlstory.-s. 60, ch , 1939; CGL 1940 Supp. 8663(60); s. 27, ch Bail after deposit of money or bonds.-bail by sureties may be substituted for a deposit of money or bonds as bail any time before a breach of the bond. Hlstory.-s. 61, ch , 1939; CGL 1940 Supp. 8663(61); s. 28, ch Surrender of defendant.-the defendant may surrender himself or a surety may surrender him any time before a breach of the bond. Hlstory.-s. 63, ch , 1939; CGL 1940 Supp. 8663(63); s. 29, ch Method of surrender; exoneration of obli gors.- (1) A surety desiring to surrender a defendant shall deliver a certified copy of the bond and the defendant to the official who had custody of the defendant at the time bail was taken or to the official into whose custody he would have been placed if he had been committed. The official shall take the defendant into custody, as on a comm;tment, and issue a certificate acknowledging the surrender. (2) When a surety presents the certificate and a certified copy of the bond to the court having jurisdiction, the court shall order the obligors exonerated and any money or bonds deposited as bail refunded. The surety shall g;ve the state attorney 3 days' notice of application for an order of exoneration and furnish him a copy of the certificate and bond. History.-s 64, ch , 1939; CGL 1940 Supp. 8663(64) s. 30 ch s 34, ch ' ' ' Arrest of principal by surety before forfeiture.-a surety may arrest the defendant before a forfeiture of the bond for the purpose of surrendering him or he may authorize a peace officer to make the arrest by endors;ng the authonzation on a certified copy of the bond. Hlstory.-s. 65, ch , 1939; CGL 1940 Supp. 8663(65); s. 31, ch Forfeiture of the bond; when and how directed; discharge; how and when made; effect of pay ment.- (1) A bail bond shall not be forfeited unless: (a) The information, indictment, or affidavit was filed within 6 months from the date of arrest, and (b) The clerk of court gave the surety at least 72 hours' notice, exclusive of Saturdays, Sundays, and holidays, before the time of the required appearance of the defendant. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, or if the time is stated on the bond. (2)(a) If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited. The clerk of the court shall mail a notice to the surety agent and surety company in writing within 5 days of the forfeiture. A certificate signed by the clerk of the court or his designee, certifying that the notice required herein was mailed on a specified date and accompanied by a copy of the required notice, shall constitute sufficient proof that such mailing was properly accomplished as indicated therein. If such mailing was properly accomplished as evidenced by such certificate, the failure of the surety agent, of a company, or of a defendant to receive such mail notice shall not constitute a defense to such forfeiture and shall not be grounds for discharge, remission, reduction, set aside, or cor:~tinuance of such forfeiture. The forfeiture shall be paid within 35 days of the date the notice was mailed (b) Failure of the defendant to appear at the time, date, and place of required appearance shall result in forfeiture of the bond. Such forfeiture shall be automatically entered by the clerk upon such failure to appear, and the clerk shall follow the procedures outlined in paragraph (a). However, the court may determine, in its discretion, in the interest of justice, that an appearance by the defendant on the same day as required does not warrant forfeiture of the bond; and the court may direct the clerk to set aside any such forfeiture which may have been entered. Any appearance by the defendant later than the required day constitutes forfeiture of the bond, and the court shall not preclude entry of such forfeiture by the clerk. (c) If there is a breach of the bond, the clerk shall provide, upon request, a certified copy of the warrant or capias to the bail bondsman or surety company. (3) Thirty days after the forfeiture: (a) State and county officials having custody of forfeited money shall deposit the money in the county fine and forfeiture fund; (b) Municipal officials having custody of forfeited money shall deposit the money in a designated municipal fund; (c) Officials having custody of bonds as authorized by s shall transmit the bonds to the clerk of the circuit court who shall sell them at market value and disburse the proceeds as provided in paragraphs (a) and (b). (4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit

4 Ch. 903 BAIL F.S court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book. If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who shall record and return them. (b) The bond and affidavits shall be a lien on the real property they describe from the time of recording in the county where the property is located for 2 years or until the final determination of an action instituted thereon within a 2-year period. If an action is not instituted within 2 years from the date of recording, the lien shall be discharged. The lien will be discharged 2 years after therecording even if an action was instituted within 2 years unless a lis pendens notice is recorded in the action. (5) The court may discharge a forfeiture within 30 days upon: (a) A determination that it was impossible for the defendant to appear as required due to circumstances beyond his control. The potential adverse economic consequences of appearing as required shall not be considered as constituting a ground for such a determination; (b) A determination that, at the time of the required appearance, the defendant was adjudicated insane and confined in an institution or hospital or was confined in a jail or prison; or (c) Surrender of the defendant if, but only if, in the case of a surety bond, the surrender was substantially procured and caused by the surety and if, but only if, the delay has not thwarted the proper prosecution of the defendant. If the forfeiture has been before discharge, the court shall direct remission of the forfeiture. The court shall condition a discharge or remission on the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court. (6) The discharge of a forfeiture shall not be ordered for any reason other than as specified herein. (7) The payment by a surety of a forfeiture under the provisions of this law shall have the same effect on the bond as payment of a judgment. History.-s. 69, ch , 1939; CGL 1940 Supp. 8663(69); s. 1, ch ; s. 2, ch ; s. 2, ch ; s. 1, ch ; s. 32, ch ; s. 1, ch ; s. 58, ch ; s. 173, ch cf.-s Failure of defendant on bail to appear Forfeiture to judgment.- (1) If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 35 days and the bond is secured other than by money and bonds authorized in s , the clerk of the circuit court for the county where the order was made shall enter a judgment against the surety for the amount of the penalty and issue execution. Within 10 days, the clerk shall furnish the surety company at its home office a copy of the judgment, which shall include the power-of-attorney number of the bond and the name of the executing agent. If the judgment is not paid within 60 days, the clerk shall furnish the Department of Insurance and the sheriff of the county in which the bond was executed, or the official responsible for operation of the county jail, if other than the sheriff, two copies of the judgment and a certificate stating that the judgment remains unsatisfied. When and if the judgment is properly paid, the clerk 1604 shall immediately notify the sheriff, or the official responsible for the operation of the county jail, if other than the sheriff, and the Department of Insurance, if the department had been previously notified of nonpayment, of such payment. (2) A certificate signed by the clerk of the court or his designee, certifying that the notice required in subsection (1) was mailed on a specified date, and accompanied by a copy of the required notice constitutes sufficient proof that such mailing was properly accomplished as indicated therein. If such mailing was properly accomplished as evidenced by such certificate, the failure of a company to receive a copy of the judgment as prescribed in subsection (1) does not constitute a defense to the forfeiture and is not a ground for the discharge, remission, reduction, set-aside, or continuance of such forfeiture. (3) Surety bail bonds may not be executed by a bail bondsman against whom a judgment has been entered which has remained unpaid for 60 days and may not be executed for a company against whom a judgment has been entered which has remained unpaid for 75 days. No sheriff or other official who is empowered to accept or approve surety bail bonds shall accept or approve such a bond executed by such a bail bondsman or executed for such a company until such judgment has been paid. (4) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman shall, within 60 days of the entry of judgment, submit to the clerk of the circuit court an amount equal to the judgment, unless the judgment has been set aside by the court within 60 days of the entry of judgment. If a motion to set aside the judgment has been filed pursuant to subsection (5), the amount submitted shall be held in escrow until such time as the court has disposed of the motion. The failure to comply with the provisions of this subsection constitutes a failure to pay the judgment. (5) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within 45 days file a motion to set aside the judgment or to stay the judgment. It shall be a condition of any such motion and of any order to stay the judgment that the surety pay the amount of the judgment to the clerk, which amount shall be held in escrow until such time as the court has disposed of the motion to set aside the judgment. Upon the filing of such a motion, the court may stay execution on the judgment or set aside the judgment in whole or in part only for those reasons for which the forfeiture could have been discharged. (6) The failure of a state attorney to file, or of the clerk of the circuit court to make, a certified copy of the order of forfeiture as required by law applicable prior to July 1, 1982, shall not invalidate any judgment entered by the clerk prior to June 12, Hlatory.-s. 70, ch , 1939; CGL 1940 Supp. 8663(70); ss. 3, 24, ch ; s. 3, ch ; ss. 13, 35, ch ; s. 1, ch ; s. 33, ch ; s. 1, ch ; s. 173, ch ; s. 34, ch ; s. 1, ch ; s. 59, ch ; s. 2, ch ; s. 45, ch Remission of forfeiture; conditions.- (1) On application within 1 year from forfeiture, the

5 F.S BAIL Ch.903 court shall order remission of the forfeiture if it determines that there was no breach of the bond. (2) If the defendant surrenders or is apprehended within 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), may direct remission of up to, but not more than, 100 percent of a forfeiture if, but only if, the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. (3) If the defendant surrenders or is apprehended within 180 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), may direct remission of up to, but not more than, 95 percent of a forfeiture if, but only if, the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. (4) If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), may direct remission of up to, but not more than, 90 percent of a forfeiture if, but only if, the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. (5) If the defendant surrenders or is apprehended within 1 year after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), may direct remission of up to, but not more than, 85 percent of a forfeiture if, but only if, the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. (6) If the defendant surrenders or is apprehended within 2 years after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), may direct remission of up to, but not more than, 50 percent of a forfeiture if, but only if, the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant (7) The remission of a forfeiture may not be ordered for any reason other than as specified herein. (8) An application for remission must be accompanied by affidavits setting forth the facts on which it is founded; however, the surety must establish by further documentation or other evidence any claimed attempt at procuring or causing the apprehension or surrender of the defendant before the court may order remission based upon an attempt to procure or cause such apprehension or surrender. The state attorney and the county attorney must be given 20 days' notice before a hearing on an application and be furnished copies of all papers, applications, and affidavits. Remission shall be granted on the condition of payment of costs, unless the ground for remission is that there was no breach of the bond. Hlatory.-ss. 71, 73, ch , 1939; CGL 1940 Supp. 8663(71), (73); s. 2, ch ; ss. 4, 6, ch ; s. 4, ch ; s. 34, ch ; s. 34, ch ; s. 60, ch ; s. 174, ch ; s. 46, ch Eligibility for bail bond following failure to appear and breach of bond.- (1) Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in s , but who voluntarily appears or surrenders, shall not be eligible for a recognizance bond. (2) Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in s , and who is arrested at any time following forfeiture, shall not be eligible for a recognizance bond or any form of bond which does not require a monetary undertaking or commitment equal to or greater than $2,000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. Hlatory.-s. 61, ch Arrest of principal by surety after forfeiture. -Within 2 years from the date of forfeiture of a bond that has been paid, the surety may arrest the principal for the purpose of surrendering him to the official in whose custody he was at the time bail was taken or in whose custody he would have been placed had he been committed. Hlatory.-s. 72, ch , 1939: CGL 1940 Supp. 8663(72); s. 1, ch ; s. 5, ch ; s. 5, ch ; s. 35, ch : s. 47, ch Canceling the bond.-when the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court shall order the bond canceled. An adjudication of guilt or innocence of the defendant shall satisfy the conditions of the bond. The original appearance bond shall not be construed to guarantee deferred sentences, payment of fines, or attendance at educational or rehabilitation facilities the court otherwise provides in the judgment. Hlatory.-s. 74, ch , 1939; CGL 1940 Supp. 8663(74); s. 2, ch ; s. 36, ch ; s. 1, ch Defects in bond.- (1) A bond shall not be held invalid because of any irregularity if it was taken by a legally authorized official and states the place of appearance and the amount of bail. (2) If no day, or an impossible day, is stated in a bond for the defendant's appearance before a magistrate for a hearing, the defendant shall be bound to appear 10 days after receipt of notice to appear by the de-

6 Ch.903 BAIL F.S fendant, his counsel, or any surety on the undertaking. If no day, or an impossible day, is stated in a bond for the defendant's appearance for trial, he shall be bound to appear on the first day of the next term of court that will commence more than 3 days after the undertaking is given. History.- s. 75, ch , 1939; CGL 1940 Supp. 8663(75); s. 37, ch Bail not discharged for certain defects. The liability of a surety shall not be affected by his lack of any qualifications required by law, any agreement not expressed in the undertakings, or the failure of the defendant to join in the bond. History.-s. 76, ch , 1939; CGL 1940 Supp. 8663(76); s. 38, ch Who may admit to bail.-ln criminal actions instituted or pending in any state court, bonds given by defendants before trial until appeal shall be approved by a committing magistrate or the sheriff. Appeal bonds shall be approved as provided in s History.-s. 77, ch , 1939; CGL 1940 Supp. 8663(77); s. 39, ch Guaranteed arrest bond certificates as cash bail.- (1) A guaranteed arrest bond certificate provided for ins shall be accepted as bail in an amount not to exceed $500 for the appearance of the person named in the certificate in any court to answer for the violation of a provision of chapter 316 or a similar traffic law or ordinance, except driving while under the influence of in toxicants, or any felony. (2) The execution of a bail bond by a licensed general lines agent of a surety insurer for the automobile club or association member identified in the guaranteed traffic arrest bond certificate, as provided in s (4), shall be accepted as bail in an amount not to exceed $5,000 for the appearance of the person named in the certificate in any court to answer for the violation of a provision of chapter 316 or a similar traffic law or ordinance, except driving under the influence of alcoholic beverages, chemical substances, or controlled substances, as prohibited by ss and Presentation of the guaranteed traffic arrest bond certificate and a power of attorney from the surety insurer for its licensed general lines agents is authorization for such agent to execute the bail bond. (3) Automobile clubs and associations shall list the names and addresses of the licensed general lines agents of a surety insurer that may execute bail bonds pursuant to subsection (2) in a given area, which list shall be filed with the law enforcement agencies and court clerks in the area. (4) The provisions of s applicable to bail bondsmen shall apply to surety insurers and their licensed general lines agents who execute bail bonds pursuant to this section. Hiatory.-s. 2, ch , 1951 ; s. 40, ch ; s. 1, ch ; s. 2, ch Surcharge on bail in cases in which victim is handicapped or elderly.- (1) The principal amount of any bail bond given as prescribed by law for any defendant shall be increased by an additional 5-percent surcharge which shall be imposed, levied, and collected together with such bail bond when any victim of the offense with which the defendant is charged is handicapped or elderly, as defined in s The clerk of the court shall retain $1 of each such surcharge as a service charge of the clerk's office and shall forward the remainder of such surcharge to the Treasurer to be deposited in the Handicapped and Elderly Security Assistance Trust Fund. (2) The surcharges imposed by this section apply only in a county in which the board of county commissioners has adopted an ordinance which requires the collection of such surcharges. Hiatory.-s. 5, ch cf.-s Handicapped and Elderly Security Assistance Trust Fund. 1606

7 F.S GRAND JURY Ch.905 CHAPTER 905 GRAND JURY Number and procurement of grand jury; replacement of member. Who may challenge. Ground for challenge to panel. Grounds for challenge to individual prospective grand juror. When challenge or objection to be made. How challenge made and tried. Effect of sustaining challenge to panel. Excusing grand juror related to person being investigated. Appointment of foreman. Discharge and recall of grand jury. Extension of grand jury term. Oath of grand jurors. Charge of court. Retirement of grand jurors. Appointment of clerk. Appointment of interpreter. Duties of grand jury. Grand jury to make presentments. Who may be present during session of grand jury. Duty of court. State attorney to issue process. Duty of state attorney. List of witnesses; minutes. Duty of grand juror having knowledge of offense. When grand jury of another county may indict in other cases. Swearing of witnesses. Number of grand jurors required to return indictment. Proceedings of grand jury to be kept secret. Grand juror not permitted to state or testify. Not to disclose finding of indictment. Testimony not to be disclosed; exceptions. Publication of report or presentment; motion to repress. Short title. Legislative intent. Petitiofl to Supreme Court by Governor; order. Powers and duties; law applicable. Appointment of foreman and deputy foreman. Duty of state attorney or other legal adviser; presentation of evidence. List of prospective jurors; impanelment; composition of jury; compensation. Summoning of jurors. Judicial supervision; returns. Unlawful acts related to disclosure of proceedings; penalty. Payment of costs and expenses Number and procurement of grand jury; replacement of member (1) The grand jury shall consist of not fewer than 15 or more than 18 persons. The provisions of law governing the qualifications, disqualifications, excusals, drawing, summoning, supplying deficiencies, compensation, and procurement of petit jurors apply to grand jurors. In addition, no elected public official is eligible for service on a grand jury. (2) The chief judge of any circuit court may provide for the replacement of any grand juror who, for good cause, is unable to complete the term of the grand jury. Such replacement shall be made by appropriate order of the chief judge from the list of prospective jurors from which the grand juror to be replaced was selected. (3) The chief judge of any circuit court may dispense with the convening of the grand jury at any term of court by filing a written order with the clerk of court directing that a grand jury not be summoned. Hlatory.-s. 80, ch , 1939; CGL 1940 Supp. 8663(80); s. 41, ch ; s. 1, ch ; s. 19, ch ; s. 1, ch cf.-s Qualifications of jurors Who may challenge.-the state or a person who has been held to answer may challenge the panel or individual grand jurors. Hlatory.-s. 81, ch , 1939; CGL 1940 Supp. 8663(81); s. 42, ch Ground for challenge to panei.-a challenge to the panel may be made only on the ground that the grand jurors were not selected according to law. Hlatory.-s. 82, ch , 1939; CGL 1940 Supp. 8663(82); s. 42, ch Grounds for challenge to individual prospective grand juror.- (1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror: (a) Does not have the qualifications required by law; {b) Has a state of mind that will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; (c) Is related by blood or marriage within the third degree to the defendant, to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted. (2) The state may challenge an individual prospective grand juror on the ground that the prospective juror is surety on the bail undertaking of any person whose case will come before the grand jury. Hlatory.-s. 83, ch , 1939; CGL t940 Supp. 8663(83); s. 43, ch cf.-ss , Qualifications of jurors When challenge or objection to be made. A challenge or objection to the grand jury may not be made after it has been impaneled and sworn. This section shall not apply to a person who did not know or have reasonable ground to believe, at the time the grand jury was impaneled and sworn, that cases in which he was or might be involved would be investigated by the grand jury. Hiatory.-s. 84, ch , 1939; CGL 1940 Supp. 8663(84); s. 44, ch

8 Ch. 905 GRAND JURY F.S How challenge made and tried.-challenges to an individual grand juror or to the panel shall be tried by the court. A challenge to an individual grand juror may be oral, but a challenge to the panel shall be in writing. History.- s. 85, ch , 1939; CGL 1940 Supp. 8663(85); s. 45, ch Effect of sustaining challenge to panel.-lf a challenge to the panel is sustained, the grand jury shall be discharged. Hlstory.-s. 86, ch , 1939; CGL 1940 Supp. 8663(86) Excusing grand juror related to person being investigated.-a grand juror may excuse himself, be excused by a majority vote of the other grand jurors, or be excused by order of the court on its own motion or on motion of the state attorney, and be relieved from deliberating and voting in any case being investigated by the grand jury in which the party being investigated is related by blood or marriage to the grand juror. When excused or relieved, the grand juror shall retire from the grand jury room during the investigation and voting on a true bill against his relative. The failure of a grand juror to excuse himself or be relieved from participation in the investigation and voting shall not invalidate an indictment found or returned against the relative. Hiatory.-s. 1, ch , 1935; CGL 1936 Supp. 4452(1); s. 46, ch Note.-Former s Appointment of foreman.-after the grand jury has been impaneled, the court shall appoint one of the grand jurors as foreman and another to act as foreman during absence of the foreman. Hlstory.-s. 87, ch , 1939; CGL 1940 Supp. 8663(87); s. 47, ch Discharge and recall of grand jury.-a grand jury that has been dismissed may be recalled at any time during the same term of court. Hlstory.-s. 88, ch , 1939; CGL 1940 Supp. 8663(88); s. 48, ch Extension of grand jury term.-upon petition of the state attorney or the foreman of the grand jury acting on behalf of a majority of the grand jurors, the circuit court may extend the term of a grand jury impaneled under this chapter, beyond the term of court in which it was originally impaneled. A grand jury whose term has been extended as provided herein shall have the same composition and the same powers and duties it had during its original term. In the event the term of the grand jury is extended under this section, it shall be extended for a time certain, not to exceed a total of 90 days, and only for the purpose of concluding one or more specified investigative matters initiated during its original term. History.-s. 1, ch Oath of grand jurors.-the clerk shall prepare a list of the names of the grand jurors. After the jury is impaneled, the following oath shall be administered to the jurors: "You, as grand jurors for County do solemnly swear (or affirm) that you will diligently inquire into all matters put in your charge and you will make true presentments of your findings; unless ordered by a court, you will not disclose the nature or substance of the deliberations of the grand jury, the nature or substance of any testimony or other evidence, the vote of the grand jury, 1608 or the statements of the state attorney; you shall not make a presentment against a person because of envy, hatred, or malice, and you shall not fail to make a presentment against a person because of love, fear, or reward. So help you God." Hlatory.-s. 89, ch , 1939; CGL 1940 Supp. 8663(89); s. 49, ch Charge of court.-after the grand jurors are sworn the court shall charge them concerning their duties. Hlatory.-s. 90, ch , 1939; CGL 1940 Supp. 8663(90) Retirement of grand jurors.-after being charged by the court, the grand jury shall retire to a private place and perform their duties. Hlatory.-s. 91, ch , 1939; CGL 1940 Supp. 8663(91); s. 50, ch Appointment of clerk.-the foreman shall appoint one of the grand jurors as clerk to keep minutes of the proceedings. Hlatory.-s. 92, ch , 1939; CGL 1940 Supp. 8663(92); s. 50, ch Appointment of interpreter.-the foreman shall appoint an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readily understood. The interpreter must take an oath not to disclose any information coming to his knowledge, except on order of the court. Hlatory.-s. 94, ch , 1939; CGL 1940 Supp. 8663(94); s. 51, ch Duties of grand jury.-the grand jury shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has not been found or an information or affidavit filed for the offense, and all other indictable offenses triable within the county that are presented to it by the state attorney or his designated assistant or otherwise come to its knowledge. Hlatory.-s. 95, ch , 1939; CGL 1940 Supp. 8663(95); s. 52, ch Grand jury to make presentments.-the grand jury may make presentments for offenses against the criminal laws, whether or not specific punishment is provided for the offense. Hlatory.-s. 16, Nov. 19, 1828; AS 2805; GS 3854; RGS 5949; CGL 8215; s. 53, ch Note.-Former s Who may be present during session of grand jury.- ( 1) No person shall be present at the sessions of the grand jury except the witness under examination, the state attorney and his assistant state attorneys, designated assistants as provided for in s , the court reporter or stenographer, and the interpreter. The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions shall be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to s (2) No person shall be present while the grand jurors are deliberating or voting. (3) An intentional violation of the provisions of this section shall constitute indirect criminal contempt of

9 F.S GRAND JURY Ch.905 court. Hlstory.-s. 96, ch , 1939; CGL 1940 Supp. 8663(96); s. 1, ch , 1951 ; s. 54, ch ; s. 2, ch Duty of court-when requested, the court shall advise the grand jury about its legal duties. In its original charge or thereafter the court shall not restrict an investigation of any matter into which the grand jury is by law entitled to inquire. Hlstory.-s. 97, ch , 1939; CGL 1940 Supp. 8663(97); s. 55, ch State attorney to issue process.-when requested by the grand jury, the state attorney or his designated assistant shall issue process to secure the attendance of witnesses. Hlllory.-s. 20, ch. 1628, 1868; AS 2807; GS 3856; AGS 5951 ; CGL 8217; s. 56, ch Note.-Former s Duty of state attorney.-the state attorney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter cognizable by the grand jury. The state attorney may designate one or more assistant state attorneys to accompany and assist him in the performance of his duties, or he may designate one or more assistant state attorneys to attend sessions, examine witnesses, and give legal advice to the grand jury. The state attorney or an assistant state attorney shall draft indictments. Hlatory.-s. 98, ch , 1939; CGL 1940 Supp. 8663(98); s. 57, ch ; s. 3, ch List of witnesses; minutes.- (1) The foreman of the grand jury shall return to the court a list under his hand of all witnesses who have been sworn by the grand jury during the term. The list shall be filed by the clerk of the court. (2) When directed by the grand jury, the clerk shall deliver the minutes of the proceedings to the state attorney. Hlstory.-ss. 14, 15, ch. 1628, 1868; AS 2806, 2809; GS 3855, 3856; AGS 5950, 5953; CGL 8216, 8219; s. 58, ch Note.-Former s Duty of grand juror having knowledge of offense.-a grand juror who knows or has reason to believe that an indictable offense triable within the county has been committed shall report the information to the grand jury and may be sworn as a witness in the investigation. Hlstory.-s. 99, ch , 1939; CGL 1940 Supp. 8663(99); s. 59, ch When grand jury of another county may indict in other cases.-when an offense has been committed in a county and the circuit court has determined that conditions in that county make it impractical to convene a grand jury, any grand jury within the circuit or in any circuit to which the judge of the circuit court refers the matter may inquire into the offense. If an indictment is returned, it shall be certified and transferred for trial to the county where the offense was committed. Hlstory.-s. 100, ch , 1939; CGL 1940 Supp. 8663(100); s. 60, ch Swearing of witnesses.-the foreman, state attorney, or assistant state attorney shall administer an oath or affirmation in the manner prescribed by 1609 law to any witness who testifies before the grand jury. Hlstory.-s. 101, ch , 1939; CGL 1940 Supp. 8663(101); s. 61, ch Number of grand jurors required to return indictment-an indictment shall not be found without the concurrence of 12 grand jurors. Hlstory.-s. 102, ch , 1939; CGL 1940 Supp. 8663(102); s. 62, ch Proceedings of grand jury to be kept secret. -Grand jury proceedings are secret, and a grand juror shall not disclose the nature or substance of the deliberations or vote of the grand jury. Hlatory.-s. 103, ch , 1939; CGL 1940 Supp. 8663(103); s. 63, ch cf.-s. 12(e), Art. V, State Const. Access by Judicial Qualifications Commission to Grand Jury information Grand juror not permitted to state or testify. -A grand juror shall not be permitted to state or testify in any court how he or any other grand juror voted on any matter before them or what opinion was expressed by himself or any other grand juror about the matter. Hlatory.-s. 104, ch , 1939; CGL 1940 Supp. 8663(104); s. 64, ch Not to disclose finding of indictment-unless ordered by the court, a grand juror, reporter, stenographer, interpreter, or officer of the court shall not disclose that an indictment for a felony has been found against a person not in custody or under recognizance, except by issuing or executing process on the indictment, until the person has been arrested. Hlatory.-s. 105, ch , 1939; CGL 1940 Supp. 8663(105); s. 65, ch Testimony not to be disclosed; exceptions. (1) A grand juror, state attorney, assistant state attorney, reporter, stenographer, interpreter, or any other person appearing before the grand jury shall not disclose the testimony of a witness examined before the grand jury or other evidence received by it except when required by a court to disclose the testimony for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice. (2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communicated to any other person, in any manner whatsoever, any testimony of a witness examined before the grand jury, or the content, gist, or import thereof, except when such testimony is or has been disclosed in a court proceeding. When a court orders the disclosure of such testimony pursuant to subsection (1) for use in a criminal case, it may be disclosed to the prosecuting attorney of the court in which such criminal case is pending, and by him to his assistants, legal associates, and employees, and to the defendant and his attorney, and by the latter to his legal associates and employees. When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can