The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.286

903.286 Return of cash bond; requirement to withhold unpaid fines, fees, court costs; cash bond forms.—

(1) Notwithstanding s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties. If sufficient funds are not available to pay all unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties, the clerk of the court shall immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246.

(2) All cash bond forms used in conjunction with the requirements of s. 903.09 must prominently display a notice explaining that all funds are subject to forfeiture and withholding by the clerk of the court for the payment of costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties on behalf of the criminal defendant regardless of who posted the funds.

History.—s. 57, ch. 2005-236; s. 3, ch. 2008-224; s. 1, ch. 2013-112.

F.S. 903.286 on Google Scholar

F.S. 903.286 on Casetext

Amendments to 903.286

Arrestable Offenses / Crimes under Fla. Stat. 903.286

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.286.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BEARE, v. ORANGE COUNTY CLERK OF COURT,, 80 So. 3d 1132 (Fla. Dist. Ct. App. 2012)

. . . trial court’s order, which correctly denied Beare’s motion based upon the plain language of section 903.286 . . . contained a notice that the bond would be subject to forfeiture or withholding, as required by section 903.286 . . . statement at the bottom of the “Cash Appearance Record” form that he signed: I understand that Florida Law 903.286 . . .

ELLIS v. HUNTER,, 3 So. 3d 373 (Fla. Dist. Ct. App. 2009)

. . . This case involves application of section 903.286, Florida Statutes (2007), which provides in pertinent . . . A hearing was held, and the trial court concluded that section 903.286 is constitutional. . . . It is readily apparent that section 903.286 does not violate the Takings Clause. . . . Those posting the bond are presumed to have knowledge of Sec. 903.286. . . . We note that effective July 1, 2008, the Legislature amended section 903.286. . . .

BIDDLE, v. ELLIS,, 976 So. 2d 103 (Fla. Dist. Ct. App. 2008)

. . . and conclude that the trial court was correct in rejecting her constitutional challenge to section 903.286 . . .