BEATO v. STATE (2020)

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 of his motion for its return. We have jurisdiction over this nonfinal order. Fla. R. App. P. 9.130(a)(3)(C)(ii). The bond was discharged on March 3, 2016. Because the circuit court had no legal authority to hold the passport after the discharge of the appearance bond, Beato is entitled to the return of his passport in this case.¹ See Chippas v. Midland Ins. Co., 456 So. 2d 495, 496 (Fla. 3d DCA 1984); Gustafson v. State, 251 So. 2d 689, 690 (Fla. 4th DCA 1971) (finding defendant was entitled to return of full amount of bail money after discharge of bond).

REVERSED.

FOOTNOTES

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).

PER CURIAM.

GROSSHANS, SASSO and TRAVER, JJ., concur.