Florida Statute 903.286 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 903.286

Total Results: 4

Beare v. ORANGE COUNTY CLERK OF COURT

Court: District Court of Appeal of Florida | Date Filed: 2012-03-02

Citation: 80 So. 3d 1132, 2012 Fla. App. LEXIS 3352, 2012 WL 669287

Snippet: motion based upon the plain language of section 903.286, Florida Statutes. That statute requires clerks

Ellis v. Hunter

Court: District Court of Appeal of Florida | Date Filed: 2009-01-16

Citation: 3 So. 3d 373, 2009 Fla. App. LEXIS 1974, 2009 WL 102221

Snippet: J. This case involves application of section 903.286, Florida Statutes (2007), which provides in pertinent

Biddle v. Ellis

Court: District Court of Appeal of Florida | Date Filed: 2008-02-29

Citation: 976 So. 2d 103, 2008 WL 536642

Snippet: rejecting her constitutional challenge to section 903.286, Florida Statutes. Accordingly, prohibition is

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-05-31

Snippet: the following question: Do the terms of section 903.286, Florida Statutes, supercede or repeal the requirements