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A bill to be entitled

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An act relating to cash bonds for criminal defendants;

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amending s. 903.286, F.S.; providing that funds for unpaid

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fines, fees, and court costs may not be withheld from a

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criminal defendant's cash bond unless the clerk of the

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court retains a signed receipt acknowledging that the

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person posting the bond was informed that funds could be

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withheld; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 903.286, Florida Statutes, is amended to

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read:

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     903.286  Return of cash bond; requirement to withhold unpaid

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fines, fees, and court costs.--

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(1) Notwithstanding the provisions of s. 903.31(2), the

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clerk of the court shall withhold from the return of a cash bond

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posted on behalf of a criminal defendant by a person other than a

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bail bond agent licensed pursuant to chapter 648 sufficient funds

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to pay any unpaid court fees, court costs, and criminal

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penalties. If In the event that sufficient funds are not

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available to pay all unpaid court fees, court costs, and criminal

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penalties, the clerk of the court shall immediately obtain

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payment from the defendant or enroll the defendant in a payment

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plan pursuant to s. 28.246.

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     (2) Notwithstanding the provisions of subsection (1), funds

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may not be withheld unless the clerk of the court retains a

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signed receipt, signed at the time the bond was posted,

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indicating that the person posting the bond received written

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notice that funds may be withheld.

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     Section 2.  This act shall take effect July 1, 2008.