IGNACIO BEATO
v.
STATE OF FLORIDA
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Once an appearance bond is discharged, the circuit court has no legal authority to retain a passport that was surrendered as a condition of the bond, and the defendant is entitled to its return.
[1] A circuit court loses legal authority to retain property surrendered as a condition of an appearance bond once the bond is discharged, and the defendant is entitled to re…
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Join FLexlaw to unlock all legal intelligenceIgnacio Beato surrendered his United States passport to the Orange County Clerk of Court as a condition of an appearance bail bond on a fugitive warra…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
IGNACIO BEATO,
Appellant,
v. Case No. 5D19-1399
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 13, 2020
Nonfinal Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge.
Robert Wesley, Public Defender, and Robert Thompson Adams IV, Assistant Public Defender, Orlando, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Ignacio Beato surrendered his United States passport to the Orange County Clerk of Court as a condition of an appearance bail bond on a fugitive warrant from Pennsylvania. § 941.16, Fla. Stat. (2015). He appeals the circuit court’s summary denial
REVERSED.
GROSSHANS, SASSO and TRAVER, JJ., concur.
1 Contrary to Beato’s assertions, the surrender of a United States passport to the court clerk as an appearance bond condition is not analogous to the return of property seized by law enforcement or the disposition of tangible personal property lawfully seized in an investigation. See § 705.105, Fla. Stat. (2019); Scott v. State, 922 So. 2d 1024, 1026 (Fla. 5th DCA 2006); 22 C.F.R. § 51.7(b) (2019).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scott v. State, 922 So. 2d 1024 (Fla. 5th DCA 2006)
- Gustafson v. State, 251 So. 2d 689 (Fla. 4th DCA 1971)
- Chippas v. Midland Ins. Co., 456 So. 2d 495 (Fla. 3d DCA 1984)