Beare v. ORANGE COUNTY CLERK OF COURT

District Court of Appeal of Florida

Beare v. ORANGE COUNTY CLERK OF COURT

80 So. 3d 1132, 2012 Fla. App. LEXIS 3352, 2012 WL 669287

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 2012

Docket5D10-3775

StatusPublished

Cited by1 cases

This text of 80 So. 3d 1132 (Beare v. ORANGE COUNTY CLERK OF COURT) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beare v. ORANGE COUNTY CLERK OF COURT, 80 So. 3d 1132, 2012 Fla. App. LEXIS 3352, 2012 WL 669287 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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.

Cite This Page — Counsel Stack

Bluebook (online)

80 So. 3d 1132, 2012 Fla. App. LEXIS 3352, 2012 WL 669287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beare-v-orange-county-clerk-of-court-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack