| 15 | | - | An act relating to withholding funds from the return 2 |
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| 16 | | - | of cash bonds; amending s. 903.286, F.S.; requiring a 3 |
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| 17 | | - | clerk of the court to withhold from the return of a 4 |
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| 18 | | - | cash bond posted by a criminal defendant or his or her 5 |
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| 19 | | - | spouse, rather than to withhold from the return of a 6 |
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| 20 | | - | cash bond posted on behalf of the criminal defendant 7 |
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| 21 | | - | by a person other than a bail bond agent, funds for 8 |
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| 22 | | - | specified purposes; requiring all cash bond forms to 9 |
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| 23 | | - | provide a specified notice; providing an effective 10 |
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| 24 | | - | date. 11 |
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| 25 | | - | 12 |
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| 26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
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| 27 | | - | 14 |
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| 28 | | - | Section 1. Section 903.286, Florida Statutes, is amended 15 |
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| 29 | | - | to read: 16 |
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| 30 | | - | 903.286 Return of cash bond; requirement to withhold 17 |
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| 31 | | - | unpaid fines, fees, court costs; cash bond forms. — 18 |
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| 32 | | - | (1) Notwithstanding s. 903.31(2), the clerk of the court 19 |
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| 33 | | - | shall withhold from the return of a cash bond posted by on 20 |
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| 34 | | - | behalf of a criminal defendant or his or her spouse by a person 21 |
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| 35 | | - | other than a bail bond agent licensed pursuant to chapter 648 22 |
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| 36 | | - | sufficient funds to pay any unpaid costs of prosecution, costs 23 |
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| 37 | | - | of representation as provided by ss. 27.52 and 938.29, court 24 |
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| 38 | | - | fees, court costs, and criminal penalties. If sufficient funds 25 |
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| 15 | + | An act relating to withholding from the return of cash 2 |
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| 16 | + | bonds; amending s. 903.286, F.S.; exempting specified 3 |
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| 17 | + | charitable bail funds from the withholding of certain 4 |
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| 18 | + | amounts from the return of cash bonds posted on behalf 5 |
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| 19 | + | of criminal defendants; providing an effective date. 6 |
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| 20 | + | 7 |
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| 21 | + | Be It Enacted by the Legislature of the State of Florida: 8 |
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| 22 | + | 9 |
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| 23 | + | Section 1. Subsection (1) of section 903.286, Florida 10 |
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| 24 | + | Statutes, is amended to read: 11 |
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| 25 | + | 903.286 Return of cash bond; requirement to withhold 12 |
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| 26 | + | unpaid fines, fees, court costs; cash bond forms. — 13 |
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| 27 | + | (1) Notwithstanding s. 903.31(2), the clerk of the court 14 |
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| 28 | + | shall withhold from the return of a cash bond posted on behalf 15 |
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| 29 | + | of a criminal defendant by a person other than a charitable bail 16 |
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| 30 | + | fund registered as a nonprofit organization under s. 501(c)(3) 17 |
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| 31 | + | of the United States Internal Revenue Code or a bail bond agent 18 |
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| 32 | + | licensed pursuant to chapter 648 sufficient funds to pay any 19 |
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| 33 | + | unpaid costs of prosecution, costs of representation as provided 20 |
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| 34 | + | by ss. 27.52 and 938.29, court fees, court costs, and criminal 21 |
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| 35 | + | penalties. If sufficient funds are not available to pay all 22 |
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| 36 | + | unpaid costs of prosecution, costs of representation as provided 23 |
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| 37 | + | by ss. 27.52 and 938.2 9, court fees, court costs, and criminal 24 |
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| 38 | + | penalties, the clerk of the court shall immediately obtain 25 |
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| 51 | | - | are not available to pay all u npaid costs of prosecution, costs 26 |
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| 52 | | - | of representation as provided by ss. 27.52 and 938.29, court 27 |
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| 53 | | - | fees, court costs, and criminal penalties, the clerk of the 28 |
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| 54 | | - | court shall immediately obtain payment from the defendant or 29 |
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| 55 | | - | enroll the defendant in a payment plan p ursuant to s. 28.246. 30 |
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| 56 | | - | (2) All cash bond forms used in conjunction with the 31 |
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| 57 | | - | requirements of s. 903.09 must prominently display a notice 32 |
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| 58 | | - | explaining all of the following: 33 |
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| 59 | | - | (a) That all funds are subject to forfeiture . and 34 |
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| 60 | | - | withholding by 35 |
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| 61 | | - | (b) The clerk of the court is authorized to withhold funds 36 |
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| 62 | | - | posted by a criminal defendant or his or her spouse for the 37 |
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| 63 | | - | payment of costs of prosecution, costs of representation as 38 |
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| 64 | | - | provided by ss. 27.52 and 938.29, court fees, court costs, and 39 |
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| 65 | | - | criminal penalties on behalf of the criminal defendant 40 |
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| 66 | | - | regardless of who posted the funds . 41 |
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| 67 | | - | Section 2. This act shall take effect July 1, 2022. 42 |
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| 51 | + | payment from the defendant or enroll the defendant in a payment 26 |
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| 52 | + | plan pursuant to s. 28.246. 27 |
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| 53 | + | Section 2. This act shall take effect July 1, 2022. 28 |
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