(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
Title XLVII - Criminal Procedure and Corrections
903.011 - “Bail” and “Bond” Defined; General Terms.
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.
903.131 - 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.
903.27 - Forfeiture to Judgment.
903.28 - Remission of Forfeiture; Conditions.
903.29 - Arrest of Principal by Surety After Forfeiture.
903.33 - Bail Not Discharged for Certain Defects.