Florida Senate - 2025                                    SB 1396
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01087-25                                           20251396__
    1                        A bill to be entitled                      
    2         An act relating to withholding funds from the return
    3         of cash bonds; amending s. 903.286, F.S.; requiring a
    4         clerk of the court to withhold funds for specified
    5         purposes from the return of a cash bond posted by a
    6         criminal defendant or his or her spouse, rather than
    7         to withhold such funds from the return of a cash bond
    8         posted on behalf of the criminal defendant by a person
    9         other than a bail bond agent; requiring all cash bond
   10         forms to display a specified notice; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 903.286, Florida Statutes, is amended to
   16  read:
   17         903.286 Return of cash bond; requirement to withhold unpaid
   18  fines, fees, and court costs; cash bond forms.—
   19         (1) Notwithstanding s. 903.31(2), the clerk of the court
   20  shall withhold from the return of a cash bond posted by on
   21  behalf of a criminal defendant or his or her spouse by a person
   22  other than a bail bond agent licensed pursuant to chapter 648
   23  sufficient funds to pay any unpaid costs of prosecution, costs
   24  of representation as provided by ss. 27.52 and 938.29, court
   25  fees, court costs, and criminal penalties. If sufficient funds
   26  are not available to pay all unpaid costs of prosecution, costs
   27  of representation as provided by ss. 27.52 and 938.29, court
   28  fees, court costs, and criminal penalties, the clerk of the
   29  court must shall immediately obtain payment from the defendant
   30  or enroll the defendant in a payment plan pursuant to s. 28.246.
   31         (2) All cash bond forms used in conjunction with the
   32  requirements of s. 903.09 must prominently display in bold font
   33  of not less than 12 points a notice containing explaining all of
   34  the following statements:
   35         (a) “That All funds are subject to forfeiture.” and
   36  withholding by
   37         (b) “The clerk of the court is authorized to withhold funds
   38  posted by a criminal defendant or his or her spouse for the
   39  payment of costs of prosecution, costs of representation as
   40  provided by ss. 27.52 and 938.29, F.S., court fees, court costs,
   41  and criminal penalties on behalf of the criminal defendant
   42  regardless of who posted the funds.”
   43         Section 2. This act shall take effect July 1, 2025.