No. 5D08-162.

3 So.3d 373 (2009)

Scott ELLIS as Brevard County Clerk of Court, Appellant, v. Jack Watkins HUNTER, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 16, 2009.

Attorney(s) appearing for the Case

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.


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...

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