As of January 1, 2024, the state of Florida is introducing significant changes to its pretrial release and bond schedule laws under Section 903.011 of the Florida Statutes. These changes aim to ensure fairness, consistency, and the protection of the community while preserving the individual rights of defendants awaiting trial.
Understanding Florida's Pretrial Release and Bond Schedule Law
Gabriel Robinson
What is Pretrial Release?
Before diving into the new amendments, let's understand what pretrial entails. Pretrial release refers to the release of a defendant from custody before their trial takes place. It allows individuals charged with a crime to await trial outside of jail under certain conditions, which may include financial arrangement, monitoring, or other requirements. The term "bail" and "bond" are used interchangeably and encompass all forms of pretrial release.
Uniform Statewide Bond Schedule
One of the most significant amendments to the law is the establishment of a Uniform Statewide Bond Schedule. Starting January 1, 2024, and annually thereafter, the Supreme Court of Florida is mandated to adopt a uniform statewide bond schedule for criminal offenses not specified in subsection (6). This schedule sets out the standard bond amounts for various offenses, allowing defendants to be release on bail before their first appearance hearing or bail determination.
Limitation and Exceptions
To maintain consistency and fairness, different monetary amounts for cash, surety, or other forms of pretrial release are not allowed. However, there are exceptions to this rule. The chief judge of a judicial circuit has the option to petition the Supreme Court for approval of a local bond schedule that sets lower amounts than the statewide schedule. In such cases, the Supreme Court must evaluate the petition and approved it before it can be implemented.
Criteria for Denying Pretrial Release
While the amendment seek to promote pretrial release, they also outline certain criteria under which a person may not be released before their first appearance hearing or bail determination. These criteria include:
- Being on pretrial release, probation, or community control in Florida or any other state at the time of arrest for any felony.
- Being designated as a sexual offender or predator in Florida or any other state at the time of arrest.
- Being arrested for violating a protective injunction.
- Being on release from supervision under certain statutes at the time of arrest.
- Having been sentencing as a prison release reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal before the current arrest.
- Being arrested three or more times in the six months leading up to the current offense.
- Being charged with specific serious crimes listed in subsections (6)
Positive Aspects for the Bail Bond Industry
Surety Bonds Still Allowed: The amendments clarify that any monetary or cash component of pretrial release may be met by a surety bond. This means that the option for defendants to obtain a bail bond through a bail bondsman remains intact. Defendants who cannot afford the full cash bail amount can still seek the assistance of a bail bondsman by paying a percentage of the bail amount as a premium.
Local Bond Schedule Petitions: The chief judge of a judicial circuit has the option to petition the Supreme Court for approval of a local bond schedule that sets lower bond amounts than the uniform statewide bond schedule. If approved, this can allow the bail bond industry in specific localities to have flexibility in setting lower bond amounts, potentially increasing business opportunities for bail bond companies in those areas.
Increased Pretrial Release Cases: The introduction of a uniform statewide bond schedule might lead to an increase in pretrial releases, as it establishes standard bond amounts for various offenses. This could result in more people seeking bail bonds to secure their release, thereby benefiting the bail bond industry.
Negative Aspects for the Bail Bond Industry:
Limited Variability in Bond Amounts: The uniform statewide bond schedule restricts the variability in bond amounts, as differing monetary amounts cannot be set for cash, surety, or other forms of pretrial release. This means that the bail bond industry may face limitations in negotiating higher premiums based on individual cases or higher bail amounts.
Potential Decrease in Revenue: With the uniform statewide bond schedule in place, some defendants may find it easier to afford the standard bond amounts without the need for a bail bond. This could lead to a reduction in the demand for bail bonds, potentially impacting the revenue of bail bond companies.
Competition with Surety Bail Schedule: If a local bond schedule is approved for a lower bond amount than the statewide schedule, it might lead to increased competition among bail bond companies to offer the best rates, potentially resulting in reduced profit margins for the industry.
Negative Aspects for the Bail Bond Industry
Limited Variability in Bond Amounts: The uniform statewide bond schedule restricts the variability in bond amounts, as differing monetary amounts cannot be set for cash, surety, or other forms of pretrial release. This means that the bail bond industry may face limitations in negotiating higher premiums based on individual cases or higher bail amounts.
Potential Decrease in Revenue: With the uniform statewide bond schedule in place, some defendants may find it easier to afford the standard bond amounts without the need for a bail bond. This could lead to a reduction in the demand for bail bonds, potentially impacting the revenue of bail bond companies.
Competition with Surety Bail Schedule: If a local bond schedule is approved for a lower bond amount than the statewide schedule, it might lead to increased competition among bail bond companies to offer the best rates, potentially resulting in reduced profit margins for the industry.
Conclusion
Overall, whether these amendments are seen as a good or bad thing for the bail bond industry depends on various factors, including how local jurisdictions implement the changes and how the market adapts to the uniform statewide bond schedule. The industry may need to innovate and find ways to remain competitive while adapting to the new regulations to navigate the potential challenges and opportunities that arise.