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.