Subcommittee backs bill to stop clerks from using third-party cash bonds to pay defendants' fines and fees

The Criminal Justice Subcommittee voted 15-3 to report HB 243 favorably, advancing legislation that would prevent clerks of court from using cash bond deposits posted by third parties to pay a criminal defendant’s fines, fees or civil judgments.

Representative Andrade, the bill’s sponsor, told the committee the bill is a short, two-page measure that would ensure only the criminal defendant is liable for fines, fees and judgments assessed as part of a criminal sentence and would prevent clerks from seizing money posted by a third party to satisfy those obligations.

During debate members raised questions about incentives created by the bill. Representative Gottlieb proposed — and the sponsor said he would accept — an amendment (described at the hearing as a new paragraph C) that would allow a cash depositor at the time of posting to sign an authorization surrendering the deposited funds to pay costs identified in the statute. Representative Baker and others asked whether third-party organizations that post bonds have the same incentive and tools as licensed bail bondsmen to ensure a defendant appears for court; critics argued such organizations may lack incentives to find defendants who fail to appear, while supporters said most bonds are 10% bonds posted through licensed bondsmen and the bill would protect private depositors. Committee members also discussed questions about potential fiscal impacts to clerks' offices; the sponsor said he had tried to work with clerks over several years but did not have a definitive fiscal estimate.

Public witnesses listed on the record waived speaking in support of the bill, including representatives from the Florida Smart Justice Alliance and the Florida Association of Criminal Defense Lawyers.

Representative Andrade closed by saying the bill’s aim is narrowly to require that the person who incurred fines and fees is the one who pays them; he said he was willing to work with colleagues and accept reasonable amendments. The subcommittee then voted 15 yeas, 3 nays to report HB 243 favorably. The transcript records that the sponsor agreed to accept a Gottlieb amendment that would permit a depositor to authorize surrender of funds, but the committee did not record a separate roll-call on that amendment in the transcript.

Votes and formal actions recorded in the hearing: the subcommittee voted to report HB 243 favorably on a 15-3 roll call; the sponsor indicated willingness to accept an amendment to allow depositors to authorize surrender of cash bond funds to cover costs.