Florida Statutes
Chapter 903 - Bail
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.

Structure Florida Statutes

Florida Statutes

Title XLVII - Criminal Procedure and Corrections

Chapter 903 - Bail

903.011 - “Bail” and “Bond” Defined; General Terms.

903.02 - Actions Following Denial; Changes in Bail Conditions or Bond Amount; Separation by Charge or Offense.

903.03 - Jurisdiction of Trial Court to Admit to Bail; Duties and Responsibilities of Department of Corrections.

903.035 - Applications for Bail; Information Provided; Hearing on Application for Modification; Penalty for Providing False or Misleading Information or Omitting Material Information.

903.0351 - Restrictions on Pretrial Release Pending Probation-Violation Hearing or Community-Control-Violation Hearing.

903.045 - Nature of Criminal Surety Bail Bonds.

903.046 - Purpose of and Criteria for Bail Determination.

903.047 - Conditions of Pretrial Release.

903.0471 - Violation of Condition of Pretrial Release.

903.05 - Qualification of Sureties.

903.06 - Validity of Undertaking by Minor.

903.08 - Sufficiency of Sureties.

903.09 - Justification of Sureties.

903.101 - Sureties; Licensed Persons; to Have Equal Access.

903.105 - Appearance Bonds.

903.131 - Bail on Appeal, Revocation; Recommission.

903.132 - Bail on Appeal; Conditions for Granting; Appellate Review.

903.133 - Bail on Appeal; Prohibited for Certain Felony Convictions.

903.14 - Contracts to Indemnify Sureties.

903.16 - Deposit of Money or Bonds as Bail.

903.17 - Substitution of Cash Bail for Other Bail.

903.18 - Bail After Deposit of Money or Bonds.

903.20 - Surrender of Defendant.

903.21 - Method of Surrender; Exoneration of Obligors.

903.22 - Arrest of Principal by Surety Before Forfeiture.

903.26 - Forfeiture of the Bond; When and How Directed; Discharge; How and When Made; Effect of Payment.

903.27 - Forfeiture to Judgment.

903.28 - Remission of Forfeiture; Conditions.

903.286 - Return of Cash Bond; Requirement to Withhold Unpaid Fines, Fees, Court Costs; Cash Bond Forms.

903.29 - Arrest of Principal by Surety After Forfeiture.

903.31 - Canceling the Bond.

903.32 - Defects in Bond.

903.33 - Bail Not Discharged for Certain Defects.

903.34 - Who May Admit to Bail.

903.36 - Guaranteed Arrest Bond Certificates as Cash Bail.