Florida/Georgia Personal Injury & Workers Compensation

been substantially threatened or disturbed." 6 Section 903.34, F.S. 7 Section 839.23, F.S. 8 Section 903

...d, then the judgment entered below must be affirmed, *Page 166 otherwise it becomes necessary to reverse the final judgment appealed from, with directions to enter a peremptory writ in accordance with the command of the alternative writ of mandamus. Section 903.34 (2), F.S.A., among other things, provides in appeal cases from the Circuit Court, Court of Crimes, Criminal Courts of Record, or other courts having a Clerk, the bond may be approved by the Judge or the Clerk of the Court....

...ising from offenses tried in county court (s. 34.191 , F.S.) are clearly defined and determined by the respective statutes, this opinion must be considered as relating strictly to the responsibility and custodianship of appearance (bail) bonds only. Section 903.34 , F.S., specifically places the responsibility for the approval of appearance (bail) bonds in the committing magistrate or the sheriff: 903.34 Who may admit to bail....

...34.07 , F.S.). The sheriff is further required to perform the duties as may be imposed upon him by law (s. 30.15 , F.S.) and is obligated under his bond to the faithful discharge of his duties in office. It therefore must follow that when pursuant to s. 903.34 , F.S., the sheriff approves an appearance (bail) bond, such approval and responsibility for the safekeeping of said bond until its return date, in the absence of legislative direction, falls upon the sheriff of the county. Likewise, it must follow that if the appearance (bail) bond is approved by the committing magistrate instead of the sheriff, pursuant to s. 903.34 , F.S., the committing magistrate can either deliver the bond to the clerk of the court or to the sheriff, as custodians thereof, and such custodianship would then be placed in either the clerk or the sheriff as the court so directs.