5D08-162 Ellis v. Hunter

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-162

Case Date: 01/12/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

SCOTT ELLIS AS BREVARD COUNTY CLERK OF COURT, Appellant, v. JACK WATKINS HUNTER, ET AL., Appellees. ________________________________/ Opinion filed January 16, 2009 9.160 Appeal from the County Court for Brevard County, Oscar A. Hotusing, Judge. Richard E. Stadler, of Stadler & Harris, P.A., Titusville, for Appellant. Howard M. Swerbilow of Law Office of Caruso & Swerbilow, P.A., Merritt Island, for Appellee Bernard W. Simpkins. No Appearance for other Appellees. Case No. 5D08-162

SAWAYA, J. This case involves application of section 903.286, Florida Statutes (2007), which provides in pertinent part that the clerk of court is to withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a licensed bail bondsman "any unpaid court fees, court costs, and criminal penalties." The issues we must resolve are whether section 903.286 is constitutional and, if so, whether the

statute should be interpreted to mean sums owed only in the particular case for which bond was posted or whether it encompasses all of a defendant's cases. These issues come to us via the following certified question posed by the County Court: "Is Florida Statute 903.286 constitutional and if so [what] is the statutory interpretation as to the definition of `any costs and fees.'" We restate the questions as follows to more

accurately reflect the specific issues raised: Does section 903.286 violate the constitutional provisions relating to due process, equal protection, excessive bail, eminent domain, or the single subject rule? Does section 903.286 apply to any unpaid fees, court costs, and criminal penalties in all of the defendant's criminal cases? Resolution of these issues does not require a detailed discussion of the underlying facts of the crime the defendant, Jack Hunter, was convicted of committing. Suffice it to say that after Hunter was charged with driving under the influence of alcohol, another individual, Bernard Simpkins, who was previously Hunter's father-inlaw, posted a cash bond in the amount of $5,000 to secure Hunter's release from jail. The bond form Simpkins signed specifically provided: 1) Section 903.286, Florida Statutes, requires the Clerk of the Court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid court fees, court costs and criminal penalties. 2) A refund will only be made if the cash bond is more than what is owed on ALL of the defendant's cases. Specifically referenced in the bond is section 903.286, Florida Statutes, which provides:

2

Notwithstanding the provisions of s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid court fees, court costs, and criminal penalties. In the event that sufficient funds are not available to pay all unpaid court fees, court costs, and criminal penalties, the clerk of the court shall immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246.

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