Florida Senate - 2022                                    SB 1462
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01697A-22                                          20221462__
    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 from the return of a
    5         cash bond posted by a criminal defendant on his or her
    6         own behalf, rather than to withhold from the return of
    7         a cash bond posted on behalf of the criminal defendant
    8         by a person other than a bail bond agent, sufficient
    9         funds to pay specified unpaid costs, fees, and
   10         penalties; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) of section 903.286, Florida
   15  Statutes, is amended to read:
   16         903.286 Return of cash bond; requirement to withhold unpaid
   17  fines, fees, court costs; cash bond forms.—
   18         (1) Notwithstanding s. 903.31(2), the clerk of the court
   19  shall withhold from the return of a cash bond posted by on
   20  behalf of a criminal defendant on his or her own behalf by a
   21  person other than a bail bond agent licensed pursuant to chapter
   22  648 sufficient funds to pay any unpaid costs of prosecution,
   23  costs of representation as provided by ss. 27.52 and 938.29,
   24  court fees, court costs, and criminal penalties. If sufficient
   25  funds are not available to pay all unpaid costs of prosecution,
   26  costs of representation as provided by ss. 27.52 and 938.29,
   27  court fees, court costs, and criminal penalties, the clerk of
   28  the court shall immediately obtain payment from the defendant or
   29  enroll the defendant in a payment plan pursuant to s. 28.246.
   30         Section 2. This act shall take effect July 1, 2022.