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