The bill amends Section 903.286 of the Florida Statutes to change the requirements regarding the withholding of funds from cash bonds posted by criminal defendants. Specifically, it mandates that the clerk of the court withhold funds from the return of a cash bond posted by the defendant or their spouse, rather than from a bond posted by a third party. This withholding is intended to cover any unpaid costs related to prosecution, representation, court fees, and criminal penalties. Additionally, if there are insufficient funds to cover these costs, the clerk must either obtain payment from the defendant or enroll them in a payment plan.

Furthermore, the bill requires that all cash bond forms include a notice that clearly states that all funds are subject to forfeiture and that the clerk is authorized to withhold funds posted by the defendant or their spouse for the payment of the aforementioned costs. The effective date for this act is set for July 1, 2025.

Statutes affected:
H 243 Filed: 903.286