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Bill

SB 1396

Withholding Funds from the Return of Cash Bonds

2025 Regular Session Introduced by Erin Grall

Florida bill would have allowed withholding returned cash bonds to cover court costs and fines, but died in committee without passage.

Died in Criminal Justice
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WeVote Research Nonpartisan
Bill Summary · SB 1396

Legislative bill overview

SB 1396 would have authorized the withholding of funds from cash bond returns in Florida criminal cases, likely to cover court costs, fines, or restitution owed by defendants. The bill was introduced in February 2025 but died in the Criminal Justice Committee after being indefinitely postponed in May.

Why is this important

Cash bonds serve as financial incentives for defendants to appear in court, and how returned funds are handled affects both criminal defendants' financial recovery and the state's ability to collect court-ordered payments. This touches on tensions between compensating crime victims, funding courts, and protecting defendants' property rights.

Potential points of contention

  • Property rights vs. debt collection: Whether the state can retain a defendant's posted cash bond to cover fines or restitution, or if this constitutes improper seizure of personal funds
  • Victim compensation concerns: Unclear whether withheld funds would prioritize restitution to victims or general court operational costs
  • Due process questions: Whether defendants would receive adequate notice and opportunity to challenge withholdings before funds are seized

Compiled from official sources — confirm details with the bill’s official record.

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