Michael J. Whitlock, Executive Vice President – Bail Division
I traveled to Florida not just for the seventy-degree weather but to attend the Florida Bail Agents Association (FBAA) Spring Meeting with American Surety Company Vice President Dan Amato. The weather was pleasant, but even more rewarding was seeing all the hardworking members of the association dedicated to improving their profession.
What impresses me most about this organization is its persistence and commitment to the task at hand. Under the leadership of President Carey Carlisle, the FBAA Board volunteers their time and resources to ensure their efforts pay off for its membership.
We are in the midst of another legislative session, and capitalizing on the relationships developed with state legislators is crucial. It’s essential that representatives in Tallahassee understand the value the bail bond profession brings to the criminal justice system.
HB 323 is a bill of particular interest. Here are some important components to be aware of:
- Holds anyone posting a monetary bond to the same obligations as a surety agent—aimed at charity funds.
- Strengthens no non-monetary release for defendants who have failed to appear in court.
- Automatically discharges the surety if the court revokes Pretrial Release (PTR) status, eliminating the requirement to return the defendant to court.
- Requires cash bonds to be in the defendant’s name—aimed at charity funds.
- Removes outdated language at the request of court clerks.
- Forfeiture payment deadline (60 days) begins upon notice transmission, not when ordered in court—allowing an extra 3–7 days.
- Forfeiture is set aside if the surety requests extradition and does not receive a response within 10 days.
- If the state agrees to extradite, the warrant must be entered into NCIC.
- Forfeiture is automatically set aside if the case is resolved or a new bond is posted.
- Clerks have no standing in forfeiture matters—they cannot argue against a set-aside; they only have standing once the forfeiture is paid or entered into judgment.
- Extends arrest and remission time from 2 to 3 years, with a more favorable sliding scale: 100% remission if the defendant dies, is deported, or the state does not extradite.
- Requires remissions to be paid within 10 days of order.
- Clarifies that the original bond does not cover sentencing deferrals, delayed sentencing, or appearances after a plea agreement.
- Mandates County Public Safety Councils to include a licensed bail agent as a full member.
If you write bail in Florida and are not yet a member of FBAA, I strongly encourage you to join. Membership is in your best interest and is crucial for protecting and preserving your business.
We will keep you updated on the progress of this important legislation, which, if enacted, will have a significant impact on the criminal justice system moving forward.