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: 17 903.286Return 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.