Withholding Funds from the Return of Cash Bonds
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HB 97 — Withholding Funds from the Return of Cash Bonds
Last action — Died on Second Reading Calendar
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Withholding Funds from the Return of Cash Bonds; Requires clerk of court to withhold funds from return of cash bond posted by criminal defendant or his or her spouse, rather than to withhold from return of cash bond posted on behalf of criminal defendant by person other than bail bond agent, funds for specified purposes; requires all cash bond forms to provide specified notice.
Bill Text
What changed in the latest version
45 added · 31 removed45 line(s) added, 31 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB97CS/HB97 2022 A bill to be entitled An act relating to withholding funds from the return of cash bonds;
exemptingrequiring specifieda charitableclerk bailof fundsthe court to withhold from the withholdingreturn of certaina amountscash bond posted by a criminal defendant or his or her spouse, rather than to withhold from the return of a cash bondsbond posted on behalf of the criminal defendants;defendant by a person other than a bail bond agent, funds for specified purposes;
requiring all cash bond forms to provide a specified notice;
8 Be It Enacted by the Legislature of the State of Florida:
SubsectionSection (1) of section 903.286, Florida Statutes, is amended to read:
903.31(2), the clerk of the court shall withhold from the return of a cash bond posted by on behalf of a criminal defendant or his or her spouse by a person other than a charitable bail fundbond registeredagent aslicensed apursuant nonprofitto organizationchapter under648 s.sufficient funds to pay any unpaid costs of prosecution, costs of representation as provided by ss.
501(c)(3) of the United States Internal Revenue Code or 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.
If sufficient funds arePage not1of available2 toCODING: 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 Page 1of 2 CODING:
hb0097-00hb0097-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB97CS/HB97 2022 paymentare fromnot theavailable defendantto orpay enrollall theunpaid defendantcosts inof aprosecution, paymentcosts planof pursuantrepresentation toas s.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.
(2) All cash bond forms used in conjunction with the requirements of s.
903.09 must prominently display a notice explaining all of the following:
(a) That all funds are subject to forfeiture.
and withholding by (b) The clerk of the court is authorized to withhold funds posted by a criminal defendant or his or her spouse 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.
hb0097-00hb0097-01-c1
View plain text versions (2)
- H 97 c1 View text Current pdf
- Introduced H 97 Filed pdf
Action History
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Died on Second Reading Calendar
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Indefinitely postponed and withdrawn from consideration
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Added to Second Reading Calendar
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Bill released to House Calendar
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Reported out of Judiciary Committee
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Favorable by Judiciary Committee
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Added to Judiciary Committee agenda
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Now in Judiciary Committee
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Reported out of Justice Appropriations Subcommittee
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Favorable by Justice Appropriations Subcommittee
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Added to Justice Appropriations Subcommittee agenda
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Now in Justice Appropriations Subcommittee
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Referred to Judiciary Committee
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Referred to Justice Appropriations Subcommittee
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Criminal Justice & Public Safety Subcommittee
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Favorable with CS by Criminal Justice & Public Safety Subcommittee
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PCS added to Criminal Justice & Public Safety Subcommittee agenda
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1st Reading (Original Filed Version)
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Now in Criminal Justice & Public Safety Subcommittee
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Referred to Judiciary Committee
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Referred to Justice Appropriations Subcommittee
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Referred to Criminal Justice & Public Safety Subcommittee
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Filed
Sponsors
- Criminal Justice and Public Safety Subcommittee · Primary
- Robert Alexander "Alex" Andrade · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 162 not signed on · 5 voted No
Sponsors (2)
- Criminal Justice and Public Safety Subcommittee
- Andrade, Robert Alexander "Alex" Republican
Co-sponsors (0)
None.
Not signed on (162)
162 members have not signed on to this bill.
Show all 162 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 2 |
| Democrat | 1 | 3 | 0 | 0 |
| Republican | 5 | 1 | 0 | 2 |
| Total | 11 | 6 | 0 | 4 |
| % of votes cast | 52% | 29% | 0% | 19% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Nay |
| Fernandez-Barquin | — | Yea |
| Fetterhoff | — | Yea |
| Grieco | — | Not Voting |
| Learned | — | Yea |
| Roach | — | Not Voting |
| Beltran | — | Yea |
| Byrd | — | Yea |
| Diamond | — | Nay |
| Driskell, Fentrice | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Nay |
| Gregory, Emily | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Nay |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Duggan, Wyman | Republican | Not Voting |
| Grall, Erin | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Salzman, Michelle | Republican | Not Voting |
| Snyder, John | Republican | Yea |
| Truenow, Keith L. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 1 |
| Democrat | 2 | 1 | 0 | 1 |
| Total | 12 | 1 | 0 | 2 |
| % of votes cast | 80% | 7% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Beltran | — | Yea |
| Benjamin | — | Not Voting |
| Byrd | — | Yea |
| Caruso | — | Yea |
| Fernandez-Barquin | — | Yea |
| Learned | — | Yea |
| Davis, Tracie | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Rayner, Michele K. | Democrat | Not Voting |
| Barnaby, Webster | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Koster, Traci | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Smith, David | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Beltran | — | Yea |
| Bush | — | Yea |
| Casello | — | Yea |
| Fetterhoff | — | Yea |
| Grieco | — | Yea |
| Hage | — | Yea |
| Learned | — | Yea |
| Roach | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Chambliss, Kevin D. | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Barnaby, Webster | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Snyder, John | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 97 do?
- Withholding Funds from the Return of Cash Bonds; Requires clerk of court to withhold funds from return of cash bond posted by criminal defendant or his or her spouse, rather than to withhold from return of cash bond posted on behalf of criminal defendant by person other than bail bond agent, funds for specified purposes; requires all cash bond forms to provide specified notice.
- Who sponsors HB 97?
- HB 97 is sponsored by Criminal Justice and Public Safety Subcommittee and Andrade, Robert Alexander "Alex" (Republican).
- What is the current status of HB 97?
- This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 97?
- Track HB 97 free on One Click Politics — get push/email alerts when it moves.
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