903.286

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

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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.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2008–2026 · leading case: Ellis v. Hunter

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Ellis v. Hunter (2009) fladistctapp · cites it 46× “§ 903.286, Fla. Stat. (2007). The statute was enacted effective July 1, 2005.”

TALLAHASSEE BAIL FUND v. MARSHALL (2024) flnd · cites it 39× “Specifically, the cash appearance bond forms states that, if Plaintiff’s client appears as required, the bond “shall be returned to the depositor, less any unpaid fees, court costs and criminal penalties owed by the defendant to the Leon County Clerk of Court on this or any…”

Beare v. ORANGE COUNTY CLERK OF COURT (2012) fladistctapp · cites it 3× “We affirm the trial court’s order, which correctly denied Beare’s motion based upon the plain language of section 903.286, Florida Statutes. That statute requires clerks of court to withhold from the return of a cash bond, funds sufficient to satisfy unpaid court fees, court…”

Biddle v. Ellis (2008) fladistctapp · cites it 2× “We have considered the arguments raised by the petitioner in her motion for rehearing and conclude that the trial court was correct in rejecting her constitutional challenge to section 903.286, Florida Statutes. Accordingly, prohibition is denied.”

Clerk of Circuit Court and Comptroller, Hillsborough County v. Rangel, State of Florida (2026) fladistctapp · cites it 4× “The Clerk argued against discharge, contending that section 903.286 controls, not section 903.”

Tallahassee Bail Fund v. Clerk of the Circuit Court and Comptroller for Leon County (2026) ca11 · cites it 4× “County Sheriﬀ requires the defendant and the de- positor to sign bond paperwork which states that if the defendant appears in court as ordered, the bond amount will be returned to the depositor “less any unpaid court fees, court costs and crimi- nal penalties owed by the…”

— 903.286(1) — 2 cases

TALLAHASSEE BAIL FUND v. MARSHALL (2024) flnd “Specifically, the cash appearance bond forms states that, if Plaintiff’s client appears as required, the bond “shall be returned to the depositor, less any unpaid fees, court costs and criminal penalties owed by the defendant to the Leon County Clerk of Court on this or any…”

Tallahassee Bail Fund v. Clerk of the Circuit Court and Comptroller for Leon County (2026) ca11 “County Sheriﬀ requires the defendant and the de- positor to sign bond paperwork which states that if the defendant appears in court as ordered, the bond amount will be returned to the depositor “less any unpaid court fees, court costs and crimi- nal penalties owed by the…”

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