SCOTT BEARE, APPELLANT,
v.
ORANGE COUNTY CLERK OF COURT, APPELLEE
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Florida appellate court affirmed denial of motion to return cash bond, holding that clerk of court properly withheld bond funds to satisfy mandatory criminal fines under section 903.286, Florida Statutes.
A clerk of court may withhold cash bond funds to satisfy unpaid court fees, court costs, and criminal penalties as required by section 903.286, Florida Statutes, regardless of who posted the bond.
[1] A clerk of court must withhold cash bond funds to satisfy unpaid court fees, court costs, and criminal penalties under section 903.286, Florida Statutes, regardless of wh…
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Join FLexlaw to unlock all legal intelligence“Florida Law 903.286 requires that any cash bond funds posted by or on behalf of a defendant are subject to forfeiture and withholding by the Clerk of Court for the payment of court fees, court costs, and criminal penalties on behalf of the criminal defendant regardless of who posted the funds”
Language from the Cash Appearance Record form that Beare's father initialed, establishing notice of the withholding requirement.
Scott Beare's father posted a $50,000 cash bond on Beare's behalf prior to resolution of criminal charges. The clerk of court withheld the bond to sat…
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Scott Beare appeals a final order denying his motion to modify and correct sentence, arguing that the trial court erred by refusing to order the clerk of court to return a $50,000 cash bond posted by his father prior to the resolution of Beare’s underlying criminal charges. 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 costs and criminal penalties. In this case, the clerk properly withheld Beare’s cash bond to satisfy a mandatory $50,000 criminal fine. We also note that the form signed by Beare’s father upon posting the cash bond contained a notice that the bond would be subject to forfeiture or withholding, as required by section 903.286. Beare’s father initialed the following statement at the bottom of the “Cash Appearance Record” form that he signed:
I understand that Florida Law 903.286 requires that any cash bond funds posted by or on behalf of a defendant are subject to forfeiture and withholding by the Clerk of Court for the payment of court fees, court costs, and criminal penalties on behalf of the criminal defendant regardless of who posted the funds, [initials ].
AFFIRMED.
MONACO, LAWSON and COHEN, JJ., concur.