Florida 2025 2025 Regular Session

Florida House Bill H0243 Introduced / Bill

Filed 01/24/2025

                       
 
HB 243   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb243-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to withholding funds from the return 2 
of cash bonds; amending s. 903.286, F.S.; requiring a 3 
clerk of the court to withhold from the return of a 4 
cash bond posted by a criminal defendant or his or her 5 
spouse, rather than to withhold from the return of a 6 
cash bond posted on behalf of the criminal defendant 7 
by a person other than a bail bond agent, funds for 8 
specified purposes; requiring all cash bond forms to 9 
display a specified notice; providing an effective 10 
date. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Section 903.286, Florida Statutes, is amended 15 
to read: 16 
 903.286  Return of cash bond; requirement to withhold 17 
unpaid fines, fees, and 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 or his or her spouse by a person 21 
other than a bail bond agent licensed pursuant to chapter 648 22 
sufficient funds to pay any unpaid costs of prosecution, costs 23 
of representation as provided by ss. 27.52 and 938.29, court 24 
fees, court costs, and criminal penalties. If sufficient funds 25     
 
HB 243   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb243-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
are not available to pay a ll unpaid costs of prosecution, costs 26 
of representation as provided by ss. 27.52 and 938.29, court 27 
fees, court costs, and criminal penalties, the clerk of the 28 
court shall immediately obtain payment from the defendant or 29 
enroll the defendant in a payment pl an pursuant to s. 28.246. 30 
 (2)  All cash bond forms used in conjunction with the 31 
requirements of s. 903.09 must prominently display a notice 32 
explaining all of the following: 33 
 (a) That all funds are subject to forfeiture . and 34 
withholding by 35 
 (b) The clerk of the court is authorized to withhold funds 36 
posted by a criminal defendant or his or her spouse for the 37 
payment of costs of prosecution, costs of representation as 38 
provided by ss. 27.52 and 938.29, court fees, court costs, and 39 
criminal penalties on behalf of the criminal defendant 40 
regardless of who posted the funds . 41 
 Section 2. This act shall take effect July 1, 2025. 42